Study On The Mechanism Of Speedily Disposing The Minor Criminal Cases

Since 2007,it has been actively exploring the mechanism of speedily disposing the minor criminal cases from the central government to local authorities,with a view to realizing the efficient distribution of complex and simple of criminal proceedings on the basis of ensuring substantive justice.However,there are many problems to be solved in the process of practical application of this mechanism.In October 2018,the Criminal procedure law was amended to add section 4,"Quick judging procedure",to part 3,Chapter 2,to determine the quick judging of the trial phase in the form of law.In the trial-centered environment,in the way of shunt of criminal procedure,there are conditional non-prosecution procedure in the pre-trial stage,summary procedure in the trial stage,quick adjudication procedure and the like,our country has initially established a shunt system of complicated and simple,which has improved the efficiency of the trial of the case,but for minor criminal cases,it is far from enough only in the trial stage.In this paper,it is necessary to perfect the mechanism of speedily disposing the minor criminal cases,and to construct a "large quick adjudication" model of the speedily disposing the minor criminal cases covering the public,prosecutorial,legal and judicial organs in the basis of the quick adjudication procedure.This paper is divided into three parts.In the first part,taking the emergence of the mechanism of speedily disposing the minor criminal cases as the starting point,the scope of application,the characteristics of the mechanism and the necessity of research on the mechanism of speedily disposing the minor criminal cases are briefly analyzed.The second part analyzes the field investigation of the mechanism of speedily disposing the minor criminal cases in Shanxi Province,summarizes the case disposing mode,achievements and the existing problems in Shanxi province,and analyzes the causes.The third part puts forward the construction that taking the mechanism of speedily disposing the minor criminal cases as the framework,taking the speed-cutting procedure as the center,and finally building a "large quick adjudication" mode conception,and puts forward some suggestions for improvement.