Research On The Handling System Of Criminal Cases

At present,in the legislation governing criminal joint criminal trials in China,the principle of combining mergers and exceptions is established.Subjects of general concern in the legislative and criminal law circles are more focused on merger trials,while exceptions are rarely addressed.The other cases are handled separately,separated,and divided.They have different titles in different litigation stages and are widely used in judicial practice.In-depth and systematic study of the alternative handling system has great theoretical and practical significance for perfecting China's criminal litigation legislative system,and also has a greater guiding role in criminal justice practice.From a theoretical point of view,the handling of alternative cases is conducive to the realization of human rights protection,the promotion of judicial justice,and the improvement of litigation effectiveness.From a practical point of view,the handling of another case will help to ascertain the facts of the case,resolve the conflict of jurisdiction,handle the case in a timely manner,and avoid excessive delay and backlog of the case.However,the handling of other cases has caused many problems in the operation of judicial practice,and it also conflicts with other litigation systems.Improper handling of the case not only seriously violates the litigant rights and interests of the parties,but also breeds the drawbacks of judicial corruption and provides space for power rent-seeking.A series of problems such as unreasonable allocation of decision power,large discretionary space for program initiation,unsatisfactory expression mechanism of the parties,and differentiation of substantive judgments have led to confusion in the handling of alternative cases and irregular procedures,which ultimately deviated from the rule of law.The other case handling system is an important part of the handling of criminal cases in China.For the improvement of the handling system of other cases in China,we must consider both the procedural level and the substantive level.First of all,a sound alternative handling procedure is a prerequisite for standardizing the handling of alternative cases.From the perspective of the main body of decision,applicable standards,specific operations and relief procedures,they are separately explored and analyzed to further improve the alternative handling procedures.Secondly,in order to ensure the accuracy of the entity's judgment and to restore the facts of the case,it should be determined that the principle of re-certification is directly invoked as an exceptional fact-finding path.Furthermore,the exercise of power cannot be lack of supervision.At present,only the supervision mechanism of the procuratorial organs dealing with other cases by public security organs,and the improvement of the supervision mechanism for handling cases of other cases is conducive to maximizing the supervision function.It is necessary not only to strengthen the internal supervision of public authorities,but also to ignore the power of external supervision,mainly including court coordination and public supervision.In addition,the existing comprehensive review principle of the second instance,the post-substitution conversion system,and the incidental civil litigation system are closely related to the application of other cases.It is urgent to improve the relevant supporting system to ensure that the case will be returned to its functional standard.