The Prosecution Phase Of The Case Study Triage Mechanism And Its Application

With the increasing number of criminal cases and the types of crimes, criminal nature of the growing renovation, limited judicial resources through discovery and increasing accountability of all the crimes appeared to be inadequate. To ease the pressure on criminal cases, the judiciary is often used case triage practices, and in the investigation, prosecution, trial and other litigation aspects of the case set a different triage mechanism to broaden the channels for case processing, efficiency of the proceedings. This article looks prosecution of criminal proceedings in this particular aspect of the analysis of the prosecution phase of the case split based on the current situation and problems, learn from and absorb domestic and foreign countries and regions in the prosecution phase of the case triage system and practices, proposed to build a country the prosecution phase of the case triage mechanism.In addition to the introduction, the text is divided into four parts.The first part outlines the prosecution phase of the case triage mechanism to explain the basic concepts of this mechanism, and its value are discussed litigation.The second part analyzes the case of the prosecution phase shunt current situation and existing problems, focusing on the attached conditional non-prosecution, criminal settlement system and minor criminal cases handled quickly mechanism of judicial practice typical diversion measures are briefly described, our prosecution phase has taken some cases diversion measures, and achieved some success, but there are some problems and defects, such as not narrow the scope of prosecution system, the different cases of diversion between the way the lack of uniformity and standardization, etc.The third part examines some countries and regions in the prosecution phase of the case triage theory and practices, both in common law countries (UK, USA), including civil law countries (Germany, Japan) and China’s Taiwan region, from which found to be owned absorb and learn from the rational factors.The fourth part is the case of the prosecution phase of triage mechanism and its application of the specific configuration settings, but also the core of the text, mainly in the laws, regulations and policies adhere to the premise, to further standardize specific criteria, clear operating procedures and requirements, establishment of multi initiatives hierarchical case triage mechanism and supporting measures, including improving non-prosecution system, expanding prosecutors discretion to establish deferred prosecution system and improve mechanisms for minor criminal cases handled quickly, as well as additional evidence discovery system, strengthen the public security organs coordination and cooperation, improve evaluation methods prosecutor to establish cases of diversion supervision mechanism, improve after shunt alternative measures.