Researches On Simplified Criminal Pretrial Procedure

As a crucial part of the criminal procedure in China,the criminal pretrial procedure is closely linked with the judicial efficiency in the judicial context of our country.However,China's reforms in the procedural simplification of criminal procedures are only unilateral reforms of summary trial procedures and lack corresponding simplified institutional arrangements for pretrial procedures.The space for making a lot of pretrial procedures simplified has been neglected.So our country failed to realize the reform goal of full speed.In view of this,this article studies the topic of simplified criminal pretrial procedures.The main content of this article consists of four parts:In the first part,the author refines the main issues based on the simplification of criminal pretrial procedures.This part first sorts out the status of the simplification of criminal procedure from the aspects of institutional norms and practical exploration.At the institutional norm level,the reform of China's criminal summary procedure is only a unilateral simple trial procedure reform,and it lacks corresponding simplified institutional arrangements for criminal pretrial procedures.At the practical exploration level,various localities gradually respond with a simplified view of the entire criminal procedure process.The simplification of pretrial procedures,such as the “criminal fast-track adjudication procedure for the whole process in Haidian District” and “the mechanism for the handling of minor criminal cases in Zhejiang Province”,thus opening up the judicial practice pattern of speeding reforms that pretrial procedures and trial procedures share.Secondly,on the one hand,the practice of transcending legislation reflects the current system level.It is unclear to grasp the procedural simplification and speeding reforms,and the lack of key reforms;on the other hand,due to the lack of institutional norms,practice exploration is more confusing and even appears the uncontrolled effect.In view of this,from the perspective of simplification of the trial procedure to the process of simplification of pretrial proceedings,the issue of practical application conflicts and the problem of future reform directions will inevitably be involved.The former refers to the application of minor criminal case handling mechanisms and criminal fast-track adjudication procedure in pretrial proceedings.The conflicts are those who are good or bad;the latter are where and how to develop in the process of simplifying the follow-uppretrial process.In the second part,the author analyzes the factors that restrict the simplification of criminal pretrial procedures.The author believes that there are four factors,namely the pretrial diversion mechanism,the principle of division of labor of the three organs,criminal circulation mechanism,and Proof standard.First,the pretrial diversion mechanism is not perfect,weakening the institutional basis for simplifying pretrial procedures.China has formed a criminal diversion mechanism of trivial diversion and non-criminal diversion.The former conducts trivial diversion based on the severity of crimes committed by criminal suspects and guilty confession,providing a justification basis for the simplification of pretrial procedures;The use of non-prosecution discretionary rights to keep some cases out of criminal procedures provides the possibility for pretrial simplification.China's pretrial diversion mechanism has problems such as a single diversion mode and insufficient space for diversion,which severely undermines the institutional basis for pretrial simplification.Second,the division of labor is responsible for the principle of setting up and hindering the extension of multiple and simple procedures.The single situation of simplified pretrial proceedings is due to the establishment of the principle of the division of labor among the three agencies,which causes the three organs to act in their own way,thereby hindering the effective extension of multiple summary procedures at the trial stage.Third,the legalization of the criminal circulation mechanism makes it difficult to simplify the pretrial procedure itself.It is precisely because of the procedural transfer between the statutory and complex public security laws and the internal approval of the three agencies,and it is difficult to simplify itself,which in turn leads to difficulties in the links and deadlines of pretrial procedures.Finally,prove the high requirements of the standard and maintain the pretrial procedure to simplify the bottom line.The highly demanding standard of proof objectively obliges case handlers to apply the same pretrial procedures to each case and to actively apply the same,even if there is procedural simplification,it must be maintained at a certain benchmark or bottom line.In the third part,The author investigates the comparative law of pretrial procedure.In this section,the author follows the logic of stripping and simplifying to conduct extraterritorial inspections.First,through the review of the pretrial diversion diversion mechanism consisting of minor offense mechanism and non-criminal diversion mechanism-to improve the pretrial diversion mechanism in China.Second,through the review of pretrial procedure simplification in extraterritorial countries-the preliminary hearing omission andthe overall simplified type,in order to build China's pretrial simplified procedures.In the fourth part,on the basis of the first three parts,the author proposes the overall concept of the simplified criminal pretrial procedure.First,simplify the internal approval process and clear the obstacles to speeding up the process.That is,avoiding the cumbersomeness of the examination and approval process will make the effect of reviewing the premise of speeding up the process go awry.Secondly,improve the pretrial diversion mechanism,and consolidate the institutional basis for procedural simplification,that is,through the division of felony,misdemeanor,and minor offenses,streamline and divorce the cases,and control the case entry volume by perfecting the non-criminal punishment mechanism,simplifying the pretrial procedure.Provides possible,and then lays a solid foundation for the maturity of ordinary procedures.Finally,a multidisciplinary pretrial simplification procedure was established to increase the efficiency of pretrial procedures.That is,by combining the preliminary hearing omission and the overall simplified type,a pretrial simplified procedure that is compatible with the criminal fast-track adjudication procedure and the summary procedure is constructed,and a penalty order procedure is appropriately introduced.