Research On The System Of Complicated And Simple Diversion Of Criminal Cases

In recent years,more and more criminal cases emphasize to actively promote the traditional and simple distribution of criminal cases,and the traditional and simple distribution of criminal cases has reached a consensus in the judicial circle.This is because China's judicial resources are limited,but the number of criminal cases,the contradiction between the two gradually prominent.However,whether criminal cases can be reasonably divided into complex and simple parts is directly related to whether the contradiction between more and fewer cases can be effectively alleviated,Throughout the development process of the criminal cases and simplified shunt as early as in1979 the first criminal procedure law can say began to criminal cases and simplified the exploration of the shunt,after this gradually emerged from prosecution system,criminal mediation system,the summary procedure and simplified ordinary procedure review,etc.,to the later pleaded guilty to a greater forfeit their system as well as the speed and cutting process shall be determined in the criminal procedure law in 2018,our country's criminal cases and simplified shunt system can be said to be in step by step to improve.Although our country has been relatively perfect in the criminal case complicated and simple diversion system,there are still many problems in the process of operation.Based on a comprehensive analysis of the current system of traditional and simple criminal cases,this paper aims to clarify the existing problems and causes of the current system of traditional and simple criminal cases,and to put forward Suggestions on improving the system of traditional and simple criminal cases to promote the development and improvement of the system.The text has been divided into five parts consisted of introduction,text and conclusion.The first part is to sort out the historical evolution of the traditional and simple diversion system of criminal cases.From the initial stage,thedevelopment stage to the present situation,the traditional and simple diversion system of criminal cases will be sorted out from the embryonic form to the perfect process.The second part is about the basic problem of criminal case diversion system.It is mainly divided into three aspects: on the one hand,the views of traditional and simple distribution in the academic circle are sorted out from the perspectives of skopos theory and procedure theory.On the one hand,this paper analyzes the background of the reform of the criminal case distribution system.On the other hand,this paper analyzes the principles that should be followed in the system of complicated and simple diversion of criminal cases.The third part is to analyze the necessity of complicated and simple diversion of criminal cases.The necessity analysis is one of the key points of this paper.Only by clarifying the necessity and significance of the traditional and simple diversion system of criminal cases,can the important position of the traditional and simple diversion system of criminal cases be defined fundamentally in our criminal justice system.The fourth part is the analysis of the specific utilization and the current problems of the traditional and simple diversion system of criminal cases.This part analyzes the specific application and problems of the traditional and simple diversion system of criminal cases in China's judicial practice.By analyzing the application of complicated and simple diversion system in various links of criminal cases in China,the existing problems and the aspects that need to be improved are analyzed.It is concluded that the standard of complicated and simple cases is difficult to determine,the separation of authority,the administrative color is prominent,the separation of channels is single,and the efficiency of litigation is affected.The fifth part is to put forward the Suggestions on the construction of criminal cases complicated and simple diversion system.In view of the above problems in the investigation,prosecution and trial,corresponding solutions are proposed,such as the establishment of a hearing procedure in the prosecution stage,and the right to choose the procedure independently.