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A Research On The Express Handling Mechanism Of Minor Criminal Cases

Posted on:2017-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:J G LiuFull Text:PDF
GTID:2296330482964502Subject:Law in Practice
Abstract/Summary:PDF Full Text Request
The express handling mechanism of minor criminal case refers to simplifying the procedure and shortening the time of handling the case when the case is simple, the facts are clear, the evidences are sufficient, the criminal suspect and the defendant pleads the guilty, under the premise of the legal procedure and the deadline, which should ensure the quality of handling cases. This mechanism can improve the efficiency of litigation and save the judicial resource. It effectively ensures the fairness and efficiency of the value target of criminal litigation. Meanwhile, it is greatly meaningful to optimize the judicial resource allocation, improve lawsuit efficiency, shorten the detention period, protect human rights and promote social harmony and stability.In some developed countries, the express handling mechanism of minor criminal case has been relatively complete, such as typical plea bargaining procedures in the US, punishment procedure in Germany, the settlement system of criminal procedure in France, especial trial procedure of criminal procedure in Italy (consisting of five different programs:a summary trial procedures, the party require the applicable penalties procedures, the quick trial procedure, the immediate trial procedure and the penalty procedure, etc.)History is surprisingly similar. At present, China is in the period of social transition, and social anomie occurs more frequently and the number of criminal cases is increasing. China is in urgent need to solve the contradiction between the number of cases and judicial personnel, and problems in the delay of cases and time-consuming case handling. In recent years, many places in China have begun to explore the express handling mechanism of minor criminal cases, and accumulated some valuable experience. At the same time, we found a lot of problems, such as low rate of application in express handling mechanism, time-consuming in handling the case, lack of enough simplification of procedures, lack of sufficient protecting the interests of the parties, low involvement of lawyers, poor cooperation with public security organs, and so on.To overcome these problems, this paper suggests to establish a special express handling procedure of minor criminal cases throughout the investigation in public security organs, procuratorial organs of the trial, prosecution and judgment of the courts, which is on the base of learning from the reform experience of developed countries and under the rule of law, combined with our existing litigation mode, legal culture and the criminal policy of tempering justice with mercy. First, it should focus on the start of the express handling procedure. For a criminal case, from filing to the investigation result, we need the close cooperation with public security organs, the procuratorial authority and the court. Any delay will be a part of proceedings to lead to low efficiency. In order to maximize the processing speed of minor criminal cases, I believe that public security organs, the procuratorial authority and the court should be given the power to start the express handling procedure at any stage of proceedings. Secondly, some divisions of express handling procedure should be considered. In the investigation stage, it should be distinguished minor criminal cases from felony; In the prosecution and trial stages, procuratorial organs, judicial organs should divide the case by the particular type of criminal cases, the circumstances of the crime, the degree of the penalty. Specifically speaking, it can use the express procedure directly when the defendant fully admitted the facts of the alleged crime, no objection to the accusation and sentence level; When the defendant only admits parts of the facts of the alleged crime, it applies the plea bargaining procedure; For some light injury cases caused by dispute, disrupting marriage and the family, they should not be sentenced because the crimes are minor and can be applied to the criminal settlement procedure; For those defendants that plead the guilty but not want to apply the express handling procedure of direct sentence and plea bargaining, they may apply summary trial procedures; On the contrary, if the defendant does not want to apply the four procedures above or not voluntarily pleads the guilty, it is suitable to use the ordinary procedure. Moreover, conversion and termination can take place among express handling procedures. And the judiciary, the legal rights of the parties and parties applied to express handling procedures are consider giving sentence relief.The normal operation of express handling mechanism of minor criminal cases is inseparable from relevant system to guarantee. Therefore, we must build on duty counsel system to protect the parties’litigation rights and interests; weaken the mode of administrative examination and approval; simplify examination report; establish the express group of minor criminal cases.
Keywords/Search Tags:Express handling mechanism of minor criminal case, Procedure design, Efficiency, Justice
PDF Full Text Request
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