Study On The Diverse Of Cases In Criminal Review And Prosecution Stage

At present,China has established a relatively perfect procedure system in the trial stage,and the diversion mechanism of the prosecution link is still in practice,which lacks theoretical guidance and detailed rules.Given this,on the basis of analyzing the current situation and problems in local procuratorate,drawing on the advanced experience of the diversion in public prosecution stage.This paper consists of introduction,text and conclusion.The text is divided into four parts.In the first part,it gives a brief overview of criminal cases,clarifies the connotation of the diversion in the criminal review and prosecution stage,and clarifies the necessity and feasibility of the cases in the public prosecution stage.In the second part,a summary of off-domain experience.First,the criteria for defining complicated and simple cases,and complicated cases;secondly,the system of nonprosecution is briefly summarized;Finally,the diversion channels for misdemeanor cases are summarized,mainly through punishment procedures,quick trial procedures,and alternative measures.In the third part,investigate the current situation of cases in the review and prosecution stage and summarize the case presents the following problems: First,the standard in practice;secondly,the application rate is low;again,the diversion system connected with the trial procedure is not established.The fourth part is the construction of complicated and simple cases in the examination and prosecution stage of China.Firstly,clarify the basic principle of complicated and simple diversion,based on the advanced experience outside the domain,define the minor and minor cases.Thirdly,improve our nonprosecution system,realize pretrial diversion,select different diversion channels according to different circumstances of the suspect to establish the system connected with the trial procedure.Finally,in order to promote the effective operation of the system of complicated and simplicity,the procuratorial department of misdemeanor cases has been set up within the procuratorial organs to deal with misdemeanor cases and speed up the circulation of cases.