Research On The Mechanism Of Rapid Treatment Of Minor Criminal Cases In China

In 2007, the Advice On Dealing with Minor Criminal Cases Speedily according to Laws by The Supreme People’s Procuratorate clearly sets out a mechanism for dealing with minor criminal cases. It covers the intention, principles, range and condition of application and the requirement related. It has provided the legal foundation for procuratorial organ of China to deal with minor criminal cases efficiently. The advantages of the mechanism lie in two facts. One is that it embodies the principle of unified justiness and efficiency. From a value perspective, the mechanisms reflects the principle of unity of judicial justice and efficiency, protection of human rights as well as the principles of temper justice with mercy, which contributes to the improvement of the efficiency lawsuits and the conservation of judicial resources. From an empirical perspective, some provinces, such as Beijing, Fujian, Shenzhen’s, in which the prosecutors have already explored the mechanism for dealing with minor criminal cases speedily and found a scientific way to solve this problem effectively. Such as the establishment of a linkage mechanism, setting up a joint-action mechanism for police, procuratorate and courts as well as the margin for compensation, which has enriched the mechanism. Nevertheless, due to the limited time, the application of the mechanism may be inevitably influenced by the original working habits and the public prosecution authorities during the application of the mechanism. For example, it is conditioned by the long-existing principle of "strike hard", the assessment criteria within the public security organs and the public security bodies which lack the necessary linkage. Such phenomenon can limit the implementation of the mechanisms. Thus, these issues need to be paid more attetion to and overcome in the future. As is seen from the world, the trend towards crime with non-penalty and penalty with non-imprisonment has formed. Based on the contradictions between the limited judicial resources and the increasing number of crime, different countries have attempted to explore more effective mechanism, such as the Plea Bargaining System in United States in last century, suspended sued system in Germany and Japan. The systems are different in content, but their purposes and purposes converge, which has played an important role in improveing the litigation efficiency and thus saved judicial resources. Therefore it has offered a significant reference on the perfection of mechanism for dealing with minor criminal cases. Perticularly, it includs suspending the system of deferred prosecution, and accelerating China’s crime with non-penalty and penalty with non-imprisonment, and adding the non-imprisonment penalty to the China Criminal Law. It is suggested that the application of bail awaiting trial, monitored live, probation, parole, and the related penalty measures be improved. In addtion, the correlation among the three ogarns ought to be strengthened besides the establishment of the minor criminal case reconciliation not-catching not-sue mechanism. All the measures will directly or indirectly help to further promote the implementation and enforcement of the minor criminal cases.In this paper, author tries to explore the mechanism of rapid treatment of minor cases which is well suited to China’s national conditions by value analysis method, actual evidence method, literature research and induction method. In addition to the introduction and conclusion, this article includes four parts, including the overview of the mechanism, the present situation and problems of the mechanism, the mechanism of rapid treatment of minor criminal cases abroad and suggestions on perfection of the mechanism. The advantages of the mechanism lie in two facts. One is that it embodies the principle of unified justices and efficiency.