Minor Criminal Cases Procedure Diversion Exploration

With the development of society, the crime rate of growth and diversification hasbecome a common trend, which brings great pressure to the judicial system. Thecontradiction between the rise in crime and the limited judicial resources are becomingincreasingly prominent, the number of cases, minor criminal crime in the judicialpractice of the larger proportion, consumes a lot of judicial resources. The westerncountries for more serious crimes pressure, active exploration, has formed a set of moreeffective procedures shunt system. From our country’s criminal procedure and thejudicial practice, the number of criminal cases in the distribution of investigation,prosecution, trial stage did not show obvious decrease trend, basically is the distributionof column, this and our country is not perfect procedural diversion system. AlthoughChina’s criminal procedure law and the judicial interpretation of the establishment of thecorresponding program flow mechanism, such as the discretion not to prosecute, theparties reconciliation, but has not formed the system of the system, and in the judicialpractice application. From the development trend of realistic need to realize the legalvalue and the criminal law, we should base on the judicial practice, and learn from theuseful experience of foreign countries, establish a set of suitable for China to review theprosecution of cases division, system shunt also includes the investigation stage divisionand trial stage, the diversion of criminal proceedings, the justice value and efficiencyvalue of the criminal legal system be realized more fully.