Indictable Stage Procedure Shunt

The public prosecution stage procedural diversion in the western rule of law flourishing country has already developed into a litigation system that it items is more mature.Public prosecutor at sue current make freedom cut measure the power, carry on the reposition of redundant personnel to the case with the exaltation the litigation efficiency, ease the judicatory judgment pressure, have already got the international society widespread approbation.But this system returns in our country is unfamiliar, checks the public prosecution of the organization of to cut to measure the power currently very limited. With the continuously increasing of our country's crime rate , the judicial resorces seems to be hard up for cash more and more, to establish a science and perfect procedure reposition of redundant personnel mechanism have become an urgent demand of the judicial fulfillment.This text try to compare from the angle of the method, roughly study from public prosecution stage procedure reposition of redundant personnel mechanism constitution value and its contentses set up, and to expect to establish a procedural diversion system and benefit to the public prosecution stage of our country.The article mainly divided into eight parts, its way of thinking brief introduction as follows:The first part definitioned the connotation of the procedural diversion and the public prosecution stage procedural diversion system, and analysised it's function , pointing out the meaning of study the public prosecution stage procedure reposition of redundant personnel.The second part researched the necessity of the public prosecution stage procedural diversion.The procedural diversion appears and move directly because of, lie in the increasingly rigorous crime situation to the urgent request of the judicial efficiency value of pertaining to crime, practice the procedural diversion is reasonable choice that breaks the judicial predicament.The public prosecution stage procedural diversion matches the efficiency view of the law economics, the exaltation litigation efficiency has become urgent matter of the moment and important characteristicses of the contemporary pertaining to crime litigation system reform, the public prosecution stage procedural diversion system also adjusts this kind of reform trendto creation ana development.The third part is the theories foundation of analysis public prosecution stage procedure reposition of redundant personnel.The public prosecution stage procedure reposition of redundant personnel body now the penal code suppresses the thought, is the retribution punishment in the penalty theories to the inevitable request of the purpose punishment conversion, the outcome that the right and wrong penalty turn.The public prosecution stage procedural diversion with sue the cheap doctrine principle conduct and actions premise of, the public prosecutor cuts to measure the power freely is the foundation that it can operate.The our country code of criminal court also establishes to sue the cheap doctrine, the public prosecutor of the our country possesses the certain public prosecution to cut to measure the power equally, this is the condition foundation that carries out the public prosecution stage procedural diversion in the our country.The fourth part analysised the signification of public prosecution stage procedural diversion. The public prosecution stage procedural diversion is in the fair efficiency pursue on foundation, and pass the end candor of the efficiency realization.Apply the procedural diversion to be worth to the litigation efficiency namely of pursue and might as well harm also fair value of realization, is objective demand that carries out the judicatory candor on the contrary.And be advantageous to the guarantee to is pursue for human rights, be advantageous to carry out the penalty to turn and correct towards to punished person separately.The fifth part take four nations in the United States, England, Germany, Japan as the blue origin, detailed investigated western two greatest methods lawmaking and the fulfillment in the public prosecution stage procedural diversion in the department nation.In sue link, mainly pass and consider and settle and don't sue and tell the system to come slowly to various criminal case implement procedure reposition of redundant personnel.Opposite but speech, our country's public prosecutor exercises the scope that the public prosecution cuts to measure the power more narrow, be limited by the slight criminal case only, have the necessity to absorb the successful experience and way of doings of the above-mentioned nation, take into the reformation to this.The sixth part introspects to our country's public prosecution stage procedural diversion system present condition.Investigate the evolution process of our country'spertaining to crime litigation system, the system that matches the public prosecution stage procedural diversion principle contain two, namely our country establishes successively on the law of do not need to sue and consider to settle not to sue system.But these two systems because of the mistake area of the inborn on the legal theory blemish or the fulfillment operation, have no real exertive for" mitigate the flood" function that the criminal case handle, exist the very big shortage.The seventh part is a textual point part, the writer participates the corpus and applies the aspects, such as standard, procedure and the right guarantee...etc. The indictment prosecutors discretion to expand our discretion in prosecution is the most important part of the public prosecution stage procedural diversion system in our country conceive. specifically, the First, expand the scope of application of the discretion not to prosecute; Second is to introduce the prosecution suspension system as not to prosecute the support mechanisms.The eighth part is a mature norm that draws lessons from the western rule of law flourishing and national procedural diversion check and supervision mechanism, carrying on the investigation to the check and supervision mechanism of the construction or purchase our country procedural diversion system, and from the victim sues the mechanism, the check system inner part direct mechanism, the court judicatory reviewing mechanism, specialized organization of reviewing mechanism face to put forward the perfect suggestion everywhere.