Minor Criminal Cases Rapid Handling Mechanism

Justice and efficiency are the two values of today’s judicial pursuit, accompanied by economic development and social transformation, the emergence of the criminal test of national judicial systems. Judicial justice takes enormous judicial resources; the pursuit of efficiency will sacrifice some judicial justice for the price. The course of justice and judicial efficiency, faced with the tension, the need to take into account the realization of the value of fairness and efficiency. Faced with this dilemma, the civil law countries and common law countries all have a good attempted, simplified shunt on the criminal cases, taking into account the course of justice and improve judicial efficiency to solve the cases growing pressure. Inspection extraterritorial minor criminal case handling mechanism, the extra-territorial rule of law developed rapid procedures for minor criminal cases after years of reform and development, more perfect in the process of mechanism. It has been formed plea bargaining system, civil law countries the punishment command procedure, the system of criminal trials in absentia and the criminal reconciliation system. Useful to explore and practice in China to improve judicial efficiency, minor criminal cases quickly to attempt to apply the mechanism of China’s judicial authorities a response to the cases of growth pressure. Nowadays, in the judicial practice, the public security organs, courts and procuratorates are carried out to explore the formation of several typical fast-handling modes:Quickly gone through mode, quick review of the prosecution mode, with conditions not to prosecute, the linkage agreement, the processing of criminal reconciliation mechanism. China’s reason for the rise of fast handling mechanism, mainly due to the increase of crime, judicial resources are limited, the Criminal diversion program is the lack. To make quick handling mechanisms are more perfect, in practice the judiciary need to follow the principle of the necessary shunt right to give the judiciary procedures, to prevent the achievement tendency, fast processing mechanisms should be standardized and to have channels for relief.This article is divided into four parts:The first part mainly on the extraterritorial procedures in the field of minor criminal cases, as well as the basic characteristics of these programs, including plea bargaining, penalties command procedures, the criminal trial in absentia proceedings, criminal reconciliation system. In the second part it analyses about the values of the rapid handling mechanism minor criminal cases. And it analyses the mainly about this mechanism in substantive justice, procedural fairness and to protect the effectiveness of the proceedings. At the same time, justice and efficiency conflict seems inevitable, which requires a proper balance and compromise, to ensure fair and priority basis, on the efficiency of the limited concessions. The third part consists of two parts, one analysis the practice and the legislative acts of the judicial organs of China at the present, summed up a few more typical meaning of handle type, while China’s present exploration of some deficiencies exist in the practice of evaluation; another one focuses on why the quick handling mechanism in minor criminal cases appearing in China, mainly from the increase in crime rates, lack of judicial resources and criminal diversion program aspects analyzed. The fourth part talks about the principles of minor criminal cases rapid handling mechanism and make their own perfect envisaged.