| The direct prosecution mechanism of criminal detention originates from the practical exploration of the rapid handling mechanism of minor criminal cases.It uses the period of criminal detention to carry out the rapid handling of specific minor criminal cases from investigation to examination and prosecution to trial.After the criminal rapid adjudication procedure was officially added to the criminal procedure law,the mechanism of criminal detention direct prosecution is also linked with the rapid adjudication procedure in the exploration,and its procedural value of improving efficiency is favored by judicial practice.Under the trend of complicated and simple diversion of criminal cases,the exploration of criminal detention direct prosecution is a positive thinking on the reform of the judicial system and a practical response to the change of the criminal structure.However,there are many defects in the criminal detention direct prosecution mechanism itself.Its content is actually a summary of a series of hidden rules in the practical operation of judicial organs in the process of criminal justice reform.From the perspective of the concept of modern rule of law,the mechanism of criminal detention and direct prosecution unilaterally pursues litigation efficiency,which is difficult to effectively give consideration to efficiency and justice,and its long-term application is detrimental to judicial justice.Therefore,the mechanism of criminal detention and direct prosecution is not suitable for application in judicial practice.The mechanism of criminal detention and direct prosecution should be abolished through the improvement of relevant laws and systems.At the same time,through the theoretical and practical analysis of the criminal detention direct prosecution mechanism,we should re-examine the current judicial reform measures and legal system,summarize the advantages and disadvantages,learn from experience,and further develop and improve the relevant systems of criminal procedure in the correction of litigation concept,the improvement of criminal coercive measures and the exploration of rapid handling mechanism of minor criminal cases under the tide of efficiency reform.The introduction part of this paper introduces the research background,research scope,significance and research methods.Next,the article is divided into five parts to discuss the direct prosecution mechanism of criminal detention.The first part introduces the concept,characteristics and basis of criminal detention direct prosecution mechanism;The second part makes a general statement on the emergence practice of the criminal detention direct prosecution mechanism,summarizes the background and process of the criminal detention direct prosecution mechanism,and introduces the scope and process of the practical application of the criminal detention direct prosecution mechanism combined with practical cases;The third part makes an in-depth analysis of the causes of the direct prosecution mechanism of criminal detention from the perspective of practice;The fourth part analyzes the effectiveness and defects of the direct criminal prosecution mechanism from the practical and theoretical levels;The fifth part points out the Enlightenment of the reform of the direct criminal prosecution mechanism,including a correct understanding of the relationship between efficiency and justice,improving the application of non custodial coercive measures,the specific practices of abolishing the direct criminal prosecution mechanism,and constructing a rapid handling mode of the whole process of minor criminal cases. |
