Criminal Pre-trial Proceedings Of The Shunt Study

The criminal procedure of our country adopts the principle that the statutory prosecution is combinated with the prosecution marxism, with priority given to the statutory prosecution. The statutory prosecution demands that any case should be prosecuted and any crime should be convicted. The criminal rate in the transforming China is too high for the judicatory organs to bear. Yet how do many countries with advanced legal system deal with the same problems? The system of criminal procedure diversion has been established and spread all over the world during the sixties of the 20^th century. In particular, the diversion of criminal proceeding in a narrow sense or the diversion of the complicated trial procedure, has attracted the attention of many researchers, for, by filtrating the special crimes from the criminal procedure and treating them as non- criminal ones, it conforms to the current criminal policies, propitious to improving the efficiency of prosecution, economizing the judicatory resources and protecting the human rights.By the study of the diversion of the complicated trial procedure applied by countries with advanced legal systems, it has been concluded that it is necessary and practical for China to adopt diversion .Its necessity lies in its conforming to the criminal policies. It ought to be a tide and trend for China to practice alleviated penalties in the development of our criminal law and criminal policy. By applying diversion in the procedure, the various criminal cases are dealt with according to their importance. It's unnecessary to prosecute any case and convict any crime. Moreover, lawsuit will be reduced in order to save judicatory resources that may be consumed otherwise. This economization will make executive and judicial organs to have relatively rich resources to handle graver and more complex cases so that these cases will end more equally and justifiably. In the mean time, the diversion is propitious to protecting human rights, freeing the prosecuted from criminal procedure as early as possible. By offering the victims complete or moderate compensation, it can ensure their essential benefits. The diversion is propitious to the alteration of criminals andthe construction of a harmonious society by speeding up their being melted in society. Its exploration in the procuratorate has attained good social and legal effect. The diversion is not contradictory to the principle that everyone is born equal before the law, because it embodies the essential equality. As part of discretion, the diversion conforms to laws. It does not violate the principle of equality or divide the jurisdiction. Therefore, it's practical in China. Yet there still exist some problems in the current the diversion system of China, such as the investigative organ's lack of right to divide venial crimes, the over-s prosecuting process and trictness of the condition for discretion not to prosecute, the singularity of the diversion in the limit to discretion not to prosecute people in the practice. Therefore, the diversion system desiderates standardization in order to improve its efficiency. Aiming at those problems, the diversion in the investigative process should be increased, the applicable sphere of the discretion not to prosecute should be expanded, the deferred procedure and the criminal reconciliation system should be established; while at the same time, a set of supervisory mechanisms should be ensured in order to avoid the abuse of discretion. Only in this way can a harmonious and orderly society be formed.