"Separate Action" System Research In Criminal Procedure

In order to solve some suspects' investigation,rosecution and trial in some common criminal cases,China's Criminal Procedure created “Separate Action”,the escaped suspect is dealt separately.“Separate Action” first appeared in the Supreme People's Procuratorate,the Supreme People's court and the Ministry of public security in 1984 issued “How to Identify and Deal with the Rogue Group of Opinions”,fifth provisions of the law is “except the escaped members can be dealt with,should be the case,don't put the case apart,separate treatment.”After 1999,“Separate Action” gradually promote open in practice.The intention of “Separate Action” is worthwhile,its positive significance is obvious,although there are a lot of problems in theory and practice,judicial authority not only abandon it,but also insists on use it and continues to consolidate,reform and perfect it.This paper bases on both academic research and literature on “Separate Action” and references “The Guidance for Standardization of Separate Action in Criminal Procedure”,to carry on the “Separate Action” investigation in a certain range of criminal judicial practice,interview front-line investigators,collect the typical cases “Separate Action” handled separately from them,more in-depth understanding and analysis of the problems they encounter in the process of “Separate Action” and their thinking.Thus I have a more systematic understanding about “Separate Action”.In this paper induction the problem of “Separate Action” existed in the operation of the ten aspects,including the law about “Separate Action” is not perfect,subject and discretionary power exist controversy,application scope is generic,dossier transfer is not complete and the annotation is not unified,the investigation Department lack of investigation to “Separate Action”,improper handling of “Separate Action”,inadequate publicity and sentencing is uneven,absence of objection and relief procedures and imperfect supervision mechanism.This paper argues that the Supreme People's Procuratorate and the Ministry of Public Security on the definition of “Separate Action” is scientific,but we should pay attention to the distinction between “Separate Action” and “Divisional Processing” in practice.This paper argues that the main reasons of the problem is: imperfect legal regulation,“Separate Action” judicial practice “active” level and law level of "silence" situationis extremely inconsistent;judicial examination system malpractice,unreasonable assessment mechanism will not only improve the efficiency of the judiciary,but will breed the deliberate “Separate Action”;“Separate Action” supervision mechanism is not perfect,power is easily abused when there is no perfect supervision mechanism.In view of the above problems,this paper puts forward the main strategies: perfecting laws and regulations,institutional innovation at the same time;aimprove the internal assessment mechanism of investigation organs,assessent should not only be carried out from a variety of perspectives,but also to the impact on personal interests perfecting;strengthening the supervision on “Separate Action”,clarify the specific scope of supervision,opening channels of supervision,the establishment of a dynamic monitoring mechanism,giving prosecutors the right to question and correct,enhancing judicial transparency,information disclosure and strengthening external oversight.