On The Diversion Mechanism In The Arresting And Prosecuting Ink Of Minor Crime Cases

Both in substantive law and procedural law, when prosecuting a minor crime, we shouldinsist on educating, persuading and remedying the juvenile offenses which reflect thedifferences between minor crime cases and adults crime cases. Diversion in minor crime casesprovides special protection for juveniles before trial. My objective in the present endeavor isthat through empirical study, we analyses and rethink the experimental experience ofdiversion in minor crime cases of our country so that we can put forward some specificadvices. This article includes five parts besides the introduction and the epilogue.Part one is aim at answering the question why should diversion be applied to the minorcrime cases? In the current time, there are many problems when diversion is carried out in allcriminal cases, such as the narrow application space, single standard, untransparent processand vacant corresponding measure. As a result, diversion confront straitened circumstances,but the application of diversion specifically in minor crime cases maybe a potential approachto settle these difficulties.Part two is mainly talk about during the arresting and prosecuting link of the minor crimecase, it is necessary and feasible to use diversion. Firstly, it accord with the character of minorcrime cases and international standard of criminal justice, and it is benefit for saving judicialresources, improving judicial efficiency, correcting the alienation of the arresting andprosecuting procedure and promoting the reform of criminal justice. Secondly, for most minorcrimes are misdemeanors and there are realistic basis, the execution of diversion in thearresting and prosecuting link of minor crime cases is workable.Analysis in part three are about the experimental area’s current situation when applyingdiversion mechanism in the arresting and prosecuting link of minor crime cases. Criminalcircumstance in the experimental area, criminal type and the disposal of these cases reflectthat there are realistic basis to implement diversion in the minor crime cases. Additionally, theexperimental procuratorate uses new mode of diversion procedure when examining whetherto authorize to arrest and prosecute the criminal suspect. Part four is about the effects and the problems of the experimental units which usediversion mechanism in the arresting and prosecuting link of minor crime cases. In conclusion,those good effects are mainly impose on criminal justice, social relations and juveniles. As tocriminal justice, the application of diversion decreases the detain rate of juveniles, and givesspaces to the reform of juvenile criminal justice. Secondly, it is benefit for the improvement ofjuridical efficiency and result. Thirdly, the participation, transparency and openness of judicialproceedings will consequently be boosted. At last, it links up the arresting and prosecutingprocedure, primarily builds up a diversion system. As to social effect, diversion protects thevictim’s rights, conciliates conflict and recovers the social relation. As to juveniles, it showsthat diversion ensures the juvenile culprit’s litigious rights, effectively releases the juvenilesback to the society and prevents them from committing criminals again. Every system has itsweak side, the chief problems of the experiment come as follow, to begin with, the legislationabout diversion is not so systematic, and the statutory application scope is too small.Moreover, problems exist in judicature, such as divergences of value pursuit between thepublic security bureau and procuratorate, complex operational procedure, superabundant casesto solve, negative effects result from evaluation system in the bureau, unperfect measures tohelp and educate juveniles. At last, in the proceeding of execution, problems such asdiscriminatory and unsufficient protection of juvenile suspects’ rights are remain to beresolved.Part five is some proposals about diversion mechanism in the arresting and prosecutinglink of minor crime cases. we must establish some basic principles，enhance legislativeprotection and make efforts for reform of diversion system and evaluation system of relevantCivil Service.