Research On The Mechanism Of Rapid Treatment Of Minor Criminal Cases

With the rising number of criminal cases, an increasing number of contradictions highlighted between prosecutors handling the case of lack of staff and the number of criminal cases. In order to solve this problem and to enhance the efficiency of the proceedings andjudicial economy, in a timely manner to resolve social conflicts, maintain social harmony and stability, the Supreme People’s Procuratorate promulgated the Opinions express check-in minor criminal cases in accordance with the law in the first time in February2007, and the authorities introduced minor criminal cases and quick handling mechanism. Since the implementation of this mechanism, some success have achieved, but for various reasons, the grassroots People’s Procuratorate fast handling mechanism for the establishment of minor criminal cases is facing some of the theory and practice plight. This article is from the perspective of the prosecution to start, according to the practice, in order to contribute the actual establishment of the grassroots People’s Procuratorate handle minor criminal cases working mechanism. In addition to the introduction and conclusion, this article is divided into five parts:Part I:First,the author from the criminal policy of combining punishment with leniency connotation start, the difference on the "lenient","strict","economic" science define, clarified the less favorable relative to economic criminal policy of the core content, through the seriousness of different criminal acts treat to getleaving complementarity and promoting social harmony as a starting point, the existing legal framework to ensure the harmony and unity of the legal and social effects, political effects. Then combined judicial practice, discusses the implementation of minor criminal cases at the grassroots level People’s Procuratorate quick handling mechanism in the macro context of building a socialist harmonious society, the inevitable requirement to implement the temper justice with mercy criminal policy.Scend, the author analyzed the value of the angle from the efficiency of the method, and pointed out that the efficiency valuesof justice in criminal proceedings embodied the principle oftimeliness. The timeliness principle requires protection of the Defendants’ legitimate rights and interests, timely and accurate identification of the facts of the case, the proceedings shall, within a reasonable period of time as quickly as possible. Combined with practice of Procuratorate investigators, the author believe that the establishment of a well when principle-centered, fast and timely mechanism to handle criminal cases through a simplified shunt, the severity of the shunt, minor criminal cases, Fax legal effect, judicial efficiency at the same time achieve the social effects of the grassroots People’s Procuratorate efficiency of the proceedings, to shorten the period of pre-trial detention, an effective measure to protect the legitimate rights and interests of criminal suspects.Third, the author, expounded purpose of punishment, noting that the procuratorial organs to achieve national power of punishment is the most effective way to criminal behavior, rapid, timely treatment, under the premise of ensuring the quality of case handling, quickly criminals brought to justice, and enhance penalties on the public’s perception, in order to achieve the penalty of prevention, education function. That a system in the existing system frame, based on the functions of the procuratorial organs, quick handling mechanism for the implementation of minor criminal cases, the procuratorial organs carry out the criminal policy of combining punishment with leniency, taking into account the legal and social effects of minor criminal cases, the State Power innovation.PartⅡ:the author, based on where the grass-roots Procuratorate practical, focusing on the long-term impact of the "strike hard" policy, too much for the arrest of coercive measures, prosecutor urgent need to update the concept and improve the quality of express check-in mechanism for supporting mechanism is not perfect, the.establishment of minor criminal cases, coordination of the public, prosecutors, law authorities, cumbersome internal approval procedures, legal instruments creating complex legal requirements such as the lack of analysis of the grassroots People’s Procuratorate minor criminal cases express check-in mechanism constraints faced.Obtained through the exposition of the four parts, the third part of this article: Construction of a People’s Procuratorate quick handling mechanism for minor criminal cases should temper justice with mercy criminal policy under the guidance of minor criminal cases, improve relevant laws and regulations, the establishment of supporting systems, specification Fax operational mechanism, improve the supervision and restriction mechanism, through a variety of ways to strengthen coordination with public security, courts, and actively explore the criminal reconciliation system.