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On The Application Of The Minor Criminal Policy

Posted on:2005-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:T Q WangFull Text:PDF
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Generally speaking, petty criminal cases involve following two types:First, cases accepted at complaint only and petty criminal cases authenticated by the victims, according to article 170 item 2 of the Criminal Proceeding Law of P. R. C.Part of the crimes in the sphere of infringement of intellectual property rights, production of fake products, violation of personal rights, democratic rights, and violating of individuals and corporations, which are limited in the category of destruction of the socialist market economic orders;The weighing of penalty is limited in three years of temporary imprisonment sequentia the sentence;They are belongs to the cases of private prosecution or the cases may be prosecuted privately.In spite of such limitations, the 50 crimes involved in the above cases take a percentage, in the whole cases accepted and heard in judicial practice, of incomparable by all the rest criminal cases.Due to the different regulation between the cases of private prosecution and the cases if public prosecution, the tights and obligations, the proceeding process, and the proceeding results of the parties in the same kind of cases vary considerably. And the following situation may be possibly occurs.Different judging results on crime, responsibility, and penalty may occur for a same legal fact according to a same law.Obviously this is against judicial justice.At the same time, the shortcoming of the criminal procedure of public prosecution also exposed on the cause of slight crimes :The existing codes on slight crimes are against the purpose of criminal punishment; The social harmfulness of the light crimes is not proportional to the judicial cost invested.In general, although the 8 kinds of light crime cases may be prosecuted privately according to the criminal proceeding law and relevant judicial interpretation, the cases actually prosecuted by private parties are very rare in the judicial practice. A great number of private prosecution cases still need go through the three steps including investigation, prosecution and trial. Thus, the idea of justice and efficiency pursued bythe judiciary is too far from the actual practice on the light crimes in China. It is quite necessary, therefore, to absorb the rational factors in foreign criminal proceeding institutions on solving the light crime cases into the provisions on private prosecution in China's criminal proceeding law, and promote the application in judicial practice, and finally perfect and renovate them in the level of institution design.Establishment of reconciliation cesser secta axiom.It means making the light crime cases may be finalized, in a way of reconciliation cesser secta axiom, in every stage of the criminal proceeding process in line of the regulations on private prosecution.Establishment the axiom of seize suppresses or the necessity of arrestment axiom.According to the necessity and proportion axiom of the application of coercive measure, the person conducting minor criminal cases are generally free form arrestment; Establishment of venial offense nonprosecution axiom.In case of possible under three years of imprisonment, the suspicions peccavi and making active compensation to victims, a decision of non-prosecution will be made.
Keywords/Search Tags:Slight crime, arrestment, post a bail and await trial with restricted liberty of moving, non-prosecution
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