Dilemma And Relevant Solutions About Rapid Management Mechanism Of Minor Criminal Cases

For the purpose of achieving the diversion of simple and complicated cases, there comes the solution of the launch of the pilot project of fast-track sentencing procedure ( hereinafter referred to fast-track sentencing), August 22, 2014, which is formulated by the highest judicial and administrative organs. Q City, Zhejiang Province, where the author is, has not been included in the above-mentioned pilot range, as for improving the efficiency of litigation, our provicial judicial and administrative organs have also come out a document, stipulations of rapid management mechanism of minor criminal case ( hereinafter referred to rapid management mechanism),March 2014 · Thus the aforementioned two methods have the same effect on improving the efficiency of litigation. From the view of implemantation effect, the difficult alctulization in the judical practice has been the major problem of rapid management mechanism. According to incompleteted survey, the application proportion of rapid management mechanism only about 10%, massive minor criminal cases have been inflexcibly and artificially set into ordinary procedure, which lead to many adverse consequence, e.g,reducing litigation efficiency, breaching the judicial practice and wasting judicial resourses by not fully application of procedure,and abnormalities like the lack of lenient punishment?plea bargaining? judical proctection.This aftermath has been formulated by various factors. For example, the system has many imperfections. We dont have strict rules and adverse consequences to judge whether a case should be applied to rapid management mechanism , thus the organ has large uncertainties of choices. Meanwhile,utilitarianism of the case handling organ causes adverse effect,fewer judicial personnel and poor judicial safeguard result in the paralysis of rapid management mechanism. Moreover, the information asymmetry has lead to the dormination of the case handling organ on the the start of rapid management mechanism. Et, cetere.Faceing the new round of judicial reform, the occupitation of judge is bound to cut off the personnel in charge of the case,while the number of the cases is bound to keep rising. In order to resolve this conflict, those minor criminal and guilty cases should apply to rapid management mechanism, meanwhile, those complex and hard cases could be more carefully studied. To summarise, it is significant to promote the quik stat and steady application of rapid management mechanism. Directed towards the difficult actualization, I believe that the internal and externalcriminal enviroment should be improved. The specific ways are as follows, first,improve the judicial efficiency by integrating the judicial resourses; second, innovate the trial mode by implementing the differentiation criterion; third, improve the enthusiasm for handling cases by realizing de-administration of the judiciary; fourth, enlarge the sentencing space by protecting the fundamental rights of the accused; fifth, improve the application of rapid management mechanism by Perfecting the litigation system; sixth, strengthen the adjudication supervision by perfecting the Internal evaluation mechanism.