Minor Criminal Cases Rapid Handling Mechanism

In the critical stages of development and transformation in China, the social conflicts occur frequently. The number of criminal cases continues to increase in recent years, especially the number of misdemeanor. Since the system of reeducation through labor has been abolished, how to handle the minor criminal cases became an important problem to the judicial office. Third Plenary Session of the 18 th CPC Central Committee proposed that judicial reform is of significance to accelerate the construction of a fair, efficient and authoritative socialist judicial system. To better implement the requires of the reform of judicial system, further strengthen law enforcement standardization construction, rational allocate judicial resources, improve judicial efficiency, safeguard people’s legitimate rights and interests, as well as enhance social harmony, law enforcement authorities around the country have started pilot projects to rapidly handle the minor criminal cases. Accordingly, the rapid handling mechanism of minor criminal cases embarked on a rapid development period.The rapid handling mechanism of minor criminal case is an innovation of judiciary to simplify the procedure and rapidly handle a specific range of cases. This mechanism greatly improves the efficiency of justice, and it is also conducive to optimize the allocation of judicial resources, so that the judiciary can concentrate on complex, difficult or major cases, accordingly enhancing the overall quality of case handling. Therefore, it is an inevitable trend to vigorously promote the rapid handling mechanism of minor criminal case.This article firstly examined the basic theoretical connotation of minor criminal cases and the applicable conditions, and then analyzed the value and meaning of rapid handling mechanism of minor criminal case in the aspects of procedural justice, judicial fairness, judicial efficiency, protection of human rights and so on. This article started with present working mode, safeguards, internal assessment and other aspects of public security, procuratorate and courts, and then analyzed the problem and situation in the development of the rapid handling mechanism of minor criminal case. At the same time, it indicated the meaning of criminal reconciliation system towards rapid handling mechanism of minor criminal case, and analyzed its current situation and existing problems. This article promoted an argument about how to build and complete the rapid handling mechanism of minor criminal case by analyzing the relevant system in America, Germany and Japan. The author analyzed the construction and improvement of rapid handling mechanism of minor criminal case by the aspects of effective convergence, cooperation, simplifying procedures, safeguard mechanisms, monitoring mechanisms, assessment mechanisms, and incentive mechanisms. Meanwhile, he explored the application of criminal reconciliation system in rapid handling mechanism of minor criminal case.