Study On Rapid Handling Mechanism Of Dangerous Driving Crime Cases

Dangerous driving cases occupy a large proportion of the criminal cases handled by the major courts in the country.Because of the relatively simple evidence of dangerous driving cases,and the criminal suspects generally have a strong will of pleading guilty.Moreover,this kind of crime does not involve any criminal victim,the social harmfulness is relatively small,It has become the criminal quick adjudication procedure's pilot key crime.For dangerous driving cases,domestic scholars have always focused on the criminal law,but how to deal with such cases,there is no much to think about.The case is investigated by the police,transferred to the procuratorate for examination and prosecution,and tried by the court.It requires a great deal of judicial resources.The successful experience of the trial of quick-cutting procedure has been promoted and highly praised by the practical circles in every major court in the country one after another.The comprehensive promotion of confession and punishment from the leniency system has resulted in a large number of streamlining of the procedures for handling dangerous driving cases and greatly shortening the trial limits,to a certain extent,Solved the tense conflict between fast-growing cases and relatively scarce judicial resources.However,in the process of judicial practice,the handling of dangerous driving crime still has problems,so it is urgent to give the solution from the point of procedure law.How to optimize the procedure of handling dangerous driving cases and achieve legal effect The unification of the social effect makes the criminal procedure really play its due educational function,which is the theme of this paper to explore and try to give a solution in-depth.This article mainly uses the literature analysis method,the investigation data analysis method to carry on the research to the dangerous driving case fast processing mechanism question.In addition to the introduction and conclusion,the full text is divided into four parts,more than 30,000 words in total.The first part,the author introduces the legislation of the crime of dangerous driving,and combs the evolution of the substantive and procedural legislation of the crime of dangerous driving.Then combined with the current judicial reform of criminal procedure to analyze the reasons why dangerous driving crime cases can be applied to the rapid handling mechanism,this paper introduces the purpose of saving judicial resources by using the rapid handling mechanism,which can achieve the goal of saving judicial resources through the diversion ofcomplexity and simplicity.It is conducive to the implementation of the criminal policy of leniency and punishment,the necessity of forming a unified mode of handling,and the introduction of a large number of applications of the criminal quick adjudication procedure as a result of the successful early exploration of the rapid handling mechanism of minor criminal cases.The popularization of criminal confession and leniency system makes it feasible to deal with dangerous driving crimes quickly in practice.The second part,the article takes Chongqing district basic level court and Guangzhou Panyu district procuratorate to deal with the dangerous driving case as the reference,through the grass-roots judicial organ to handle the dangerous driving case procedure applicable,the number of cases,the proportion of cases,The defence rate,the application of coercive measures,the types of sentences imposed and the terms of imprisonment,etc.,summarize that dangerous driving cases themselves have a single type,a relatively simple case,and a large number of cases.There are many characteristics such as regional differences and a large number of simple and quick adjudication procedures presented in the process of handling the proceedings.The types of evidence are relatively single,the defence rate is low,and there are many cases in existence.Differences in the handling of individual cases and other characteristics.For the rapid handling of dangerous driving cases in practice,the application of the mechanism has done a more detailed examination.The third part,through the analysis of dangerous driving crime cases in the application of the rapid processing mechanism in the process of using the traditional management model,the degree of cooperation between the various organs is not high,the rights and interests of the accused is not in place,court trial and other issues,and so on.Combined with the judicial practice of dealing with dangerous driving crime cases at the grass-roots level,this paper combs the possible problems of the rapid handling mechanism,and analyzes the reasons for its emergence mainly because of the lack of uniform rules and regulations at the institutional level.Judicial organs have not carried out the principle of mutual cooperation,the system of on-duty lawyers is not perfect,and the function of trial education has been weakened.Identify dangerous driving crime cases in the rapid processing process The main problems faced in this paper can be of reference value to perfect the mechanism of handling dangerous driving crimes by analyzing the causes.In the fourth part,in order to improve the quick handling mechanism of the dangerous driving crime,the author analyzes the rapid handling mechanism of the dangerous drivingcrime,and it should be in accordance with the law,justice and benefit,and guarantee the rights of the litigant participants.The basic principles such as the combination of education and punishment,as well as the objective requirements of various aspects such as the time limit of the case,the production of legal documents,the coordination of the judicial organs,the division of the procedure and the personnel configuration,the safety education in the course of the operation,etc.,In order to improve the quick handling mechanism of the dangerous driving crime,the paper provides the criteria for the inspection and evaluation,and tries to find out the model of the case distribution from the exploration "Special person's project,centralized handling",and In order to make the handling of dangerous driving cases conform to the criminal policy of combining leniency with punishment and rationally allocate judicial resources,the process of handling dangerous driving cases should be changed,the system of non-prosecution with conditions attached to dangerous driving cases should be established,the relevant supporting mechanisms should be perfected,and so on.To achieve the unity of social effect and legal effect.