An Empirical Study On The Diversion Mechanism Of Criminal Cases Of Which Suspects Plead Guilty During The Investigation Stage Of Public Security Organs

The phenomenon that diversion of criminal cases receives extensive concern,in part,lies in our country's judicial conflict of "More cases,less judges".Its purpose is to improve the efficiency of the criminal procedure and save judicial resources so that litigation costs of the parties and the working pressure of public security organs and judicial organs can be enhanced,thus shortening the time of case handling,simplifying or omitting handling procedures,on the basis of the protection of the accused's basic rights.With the deepening of comprehensively implementing the rule of law,significant initiatives to reform the judicial system have been introduced gradually.Among them,the mechanism for fast-track handling of minor criminal cases,the fast-track trial procedures for criminal cases,and the leniency system of admission of guilty and acceptance of punishment have been the important measures to explore and implement the diversion of criminal cases with guilty plea in recent years.The diversion of criminal cases lies in different procedures as well as different phases of criminal procedures.The investigation phase of public security organs,as the basis and source of criminal procedures,takes the initiative to divert criminal cases of which suspects plead guilty through certain institutions and procedures so that simple and easy cases can be solved in a quick-fashioned manner.Important,complex and urgent cases can be tackled through joint and concerted efforts.These would shed important meanings to march forward the overall procedure process thus ensure the balanced and comprehensive layout of criminal procedures.Based on the realistic conditions of the public security organ of Changzhou's implementation of the mechanism for fast-track handling of minor criminal cases,and the public security organ of Nanjing's pilot implementation of the fast-track trial procedures for criminal cases,and the leniency system of admission of guilty and acceptance of punishment,the paper systematically interprets the correlations,running effects and existing problems of these three institutional models,and puts forward related suggestions,by using the method of comparative analysis and empirical research.The paper first expounds the concept,basis and value of the diversion mechanism of criminal cases of which suspects plead guilty during the investigation stage of public security organs,as well as the difference between the generalized diversion and the narrow one.It also makes a comparative study on the mechanism for fast-track handling of minor criminal cases,the fast-track trial procedures for criminal cases,and the leniency system of admission of guilty and acceptance of punishment,analyzes the similarities and differences,and points out the inherent progressive relationship between the three systems.Secondly,the paper conducts an empirical study on Changzhou and Nanjing's diversion mechanism of criminal cases of which suspects plead guilty during the investigation stage of public security organs,and mainly introduces such innovations of the pilot work as bringing forward the link of the proposal of fast-track trial procedures to the investigation stage,increasing the accusations which apply to the fast-track trial procedures,and implementing the systems of “criminal detention and direct prosecution” and “plea negotiation”.Thirdly,the paper analyzes the main problems existing in the current diversion mechanism of criminal cases of which suspects plead guilty during the investigation stage of public security organs.These include five aspects: a joint force difficult to form due to the diversity of modes,the public security organs' non-independent power to “commit crimes” in criminal cases,the high application threshold of the diversion mechanism,the cumbersome procedures,and the supervision which needs to be strengthened.Finally,the paper puts forward some ideas and suggestions to improve the diversion mechanism of criminal cases of which suspects plead guilty during the investigation stage of public security organs.It includes: Firstly,following the requirement of reform and taking the leniency system of admission of guilty and acceptance of punishment as the final mode of criminal case diversion by public security organs in certain periods;Secondly,granting public security organs the independent power to “commit crimes” in a limited range by referring to the relevant institutions and stipulations of foreign countries and regions;Thirdly,improving the applicable penalty standards,reducing the negative application conditions,and expanding the application scope of the diversion mechanism;Fourthly,solidifying the mode of “criminal detention and direct prosecution”,simplifying the change of compulsory measures,lowering the standards of evidence,simplifying the internal reporting procedures of public security organs,and reducing the litigation costs of public security organs during investigation;Finally,giving full play to the supervisory role of procuratorial organs,public security organs and the community,and strengthening supervisory management of diversion cases.