Study On The Diversion Mechanism Of Criminal Cases

Improving the diversion m echanism and optimizing the allocation of judicial resources have been the im portant goals for the judicial reform.The development of the crim inal case diversion mechanism can effectively solve the problems developing in our country and realize the efficient utilization of the existing judicial resources,which are conducive to achieve the centralized trial,efficient trial,to guarantee the parties to feel f airness and justice as so on as possible.Although the direction of the litigation system reform has been established,our mechanism throughout the crim inal proceedings has no t been established yet.The crim inal speed process and other practical experience can make the criminal case diversion mechanism more specific.This paper draws on the foreign relevant experience of criminal case diversion,analyzes the problems arouse from the case diversion through different stages of criminal proceedings from the current judicial environment of our country,and puts forward the countermeasures.The first chapter analyzes the c onnotation and value of the criminal case diversion.This paper introduces the d istinction between the def inition of the crim inal case diversion and its synonymous conceptions,discusses the value pursuit of the criminal case diversion mechanism,and clarifies the order of the justice,efficiency,the control of the penalty power,utilitarianism and order in the process of the criminal case diversion.The second chapter intro duces the overseas practice of criminal cases diversion.This chapter introduces the cr iminal case diversion experiences of countries and regions f rom two major legal systems,including the United States,Britain,Germany,Japan,Italy,the T aiwan region of China,and so on.Through the introduction of the foreign countries and regions ' experiences and the co mparison with the curren t criminal cases diversion situation of our country,we could achieve som e inspiration for the perfection of criminal cases diversion for China.The third chapter in troduces the realistic basis of the crim inal cases diversion in China.Based on the analysis of the relationship between the number of register and solve cases,arrests and prosecution,cases of public prosecution and cases of summary prosecution,criminal cases and public prosecution cases,and th e analysis of the change of judicial personnel numbers,the analysis of the problem of the overall operation of Criminal procedure,the an alysis of the realistic judicial environment of the criminal case diversion in China.The fourth chapter analyzes the current situation of criminal cases diversion mechanism in China and the realistic condition of criminal cases diversion in China through the pro cedure of filing,investigation,prosecution reviewing,the trial and other special procedures.Chapter five is the perfection of the criminal cases diversion mechanism in China.Starting from the current situation of criminal cases diversion and judicial reality environment of our coun try,this chapter focuses on the different stages and procedures and puts fo rward the corresponding improvement proposals.Chapter six provides some supporting measures for the criminal cases diversion mechanism in our country.This chapter focuses on the adjus tment on the subject,the external environment and the social concept impacted by criminal cases diversion.