| Separate case processing,in short,is to separate a part of the ongoing criminal case from this case and handle it separately or in other criminal proceedings.Its appellation in China’s judicial practice is not uniform.It is also called divisional processing,separate prosecution and divisional trial.After the emergence of this mechanism,it has gradually been widely applied in judicial practice.In public indictments and judgments,you can see the situation marked in brackets in another case.However,in China’s current criminal procedural legislation,there is a lack of systematic and complete regulations for handling other cases.At the same time,the academic community pays less attention to this mechanism,and chaos frequently occurs in actual operation.In view of this,on the basis of discussing the handling mechanism of another case,the author analyzes the problems in practice and proposes a perfect path.The research content of this article mainly involves the following four aspects:Chapter One This chapter defines the handling of another case from four aspects: the stage,object,premise,and result of the handling of the other case.On the other hand,it analyzes the theoretical basis of the existence of the handling of the other case,that is,the theory of separability of the object of litigation.Relevance theory to litigation object.Chapter Two This chapter discusses the logic of generating another case,that is,the reason why the other case can arise and prevail in judicial practice.The author believes that it can be divided into subjective reasons and objective reasons.The former includes judicial personnel in order to cope with the pressure of performance assessment,confidential technical investigation measures and increase the proportion of convicted cases,and the latter includes the realization of the litigation economy,the ease of jurisdictional conflicts,and the completion of case diversion.Chapter III This chapter analyzes the problems in the handling of another case.First,the existence of a separate case has inconsistencies with China’s existing defense system,evidence system,and comprehensive review principles,which need to be adjusted and linked.Second,the function of handling another case needs to be clarified.In judicial practice,the function of handling another case has been alienated.It is mainly reflected in the means of artificial division,the arbitrary change of the litigation role of the person handled by another case,and the change to include the handling of other cases,ignoring the case,and the Digestion mechanism for handling criminal cases.Third,the procedure for handling another case lacks impartiality,and is basically dominated by the judicial organs.The respondent and the victim who are closely related to the case have almost no right to participate,and the procedure is not open and opaque.Chapter IV This chapter discusses the existence of another case in the normative field of vision,specifically from three perspectives.The first is that certain other principles should be followed in handling another case,that is,procedural justice,human rights protection,checks and balances,and the application of exceptions;the second is the set of procedures that should be followed in other cases,including the initiation,review,notification,and relief procedures of additional cases to increase Transparency,the participation of relevant litigation participants,and ultimately achieve the purpose of improving the fairness of the handling of another case;the third is to discuss how the handling of the other case is linked to the current regulationsChapter V This chapter mainly discusses the improvement of related mechanisms for handling another case.On the one hand,it is necessary to establish an external supervision mechanism,and on the other hand,it is necessary to improve the mechanisms including performance evaluation,personal responsibility,and file keeping. |
