Exploration And Perfection Of The Quick Handling Mechanism Of Minor Criminal Cases In China

In recent years,with the rising number of criminal cases,the traditional working mode and existing judicial resources of judicial institutions have been unable to cope with. The statistics of Law Yearbook indicate that minor criminal cases occupies the great proportion in the high incidence of criminal cases. For such cases, if following the traditional handling procedures, not only can’t achieve the minor crime cases rapid processing requirements, but also cause the backlog of misdemeanor cases. Thus, since 2006, China’s judiciary began to explore the mechanism of rapid treatment of minor criminal cases, and with the beginning of legislative work about speedy trial procedure of minor criminal cases, the work of rapid treatment of minor criminal cases has entered a new historical stage.The mechanism of rapid treatment of minor criminal cases is floorboard of a series of systems, which refers to the simple cases which have clear facts, sufficient evidence, and investigated individual voluntary confession of the minor criminal cases, and in compliance with the statutory procedures to ensure the legitimate rights of the investigated individual, by simplifying work processes, shortening handling period, to resolve social conflicts rapidly, this mechanism has practical meaning to alleviating the contradiction between the increasing cases and the fewer investigators. This paper will be based on China’s national conditions and the theoretical analysis of this mechanism, combined with judicial practice at the present stage, to analyze its practical difficulties and puts forward recommendations about how to improve the mechanism. This paper consists of four parts:The first part is the introduction, it starts from the concept of the mechanism of rapid treatment of minor criminal cases, and then analyzes the basic forms in practice; The second part is the analysis of the reasons for the mechanism of rapid treatment of minor criminal cases, mainly by analyzing its necessity and feasibility to prove its rationality. The third part is about empirical analysis of this mechanism, mainly rely on the practical exploration of S province, to introduce its basic operational mechanism and analyze its problems in the past one year since implementation of this mechanism. In the fourth part, the writer mainly talks about how to improve the mechanism of rapid treatment of minor criminal cases, mainly including basic guiding principles and specific procedures.