An Empirical Study On Non-custodial Litigation Model ——Take The Prosecution Practice In Dongying

With the establishment of human rights protection and Presumption of innocence in the world,most countries in the world give priority to non-custodial mode of criminal proceedings.Since the revision of the criminal procedure,human rights protection as a new concept of criminal justice has been gradually implemented in China,and in judicial practice,more non-custodial compulsory measures to supervise the criminal suspects in minor criminal cases can better adapt to the situation that the serious violent crimes have decreased greatly and the minor criminal cases have increased greatly.Compared with custodial measures,the features of non-custodial litigation,such as judicial economy,minimum injury,whole process of litigation and procedural guarantee,are more in line with the basic requirements of contemporary criminal justice concepts,more in line with China’s judicial status quo,while effective response to the current epidemic.In this paper,the Dongying procuratorate as a sample,through empirical research,data analysis,found that the court in the pilot process to establish a "Trinity" model,while greatly enhancing the effectiveness of litigation,to achieve a significant reduction in the rate of pretrial detention,this paper will summarize the advanced practices and lessons learned from the pilot process,and at the same time,in the light of the current operation of the non-custodial litigation system of the Dongying procuratorate,the problems and causes found in the working mode were analyzed.Although the trial of non-custodial litigation mode is very successful in Dongying procuratorate,there are still many problems to popularize this mode.Therefore,this article will combine the practical needs,this paper sums up the reasons for the problems existing in the popularization of non-custodial litigation mode,and puts forward some tentative ideas for perfecting the non-custodial litigation system,so as to provide reference for the further development of non-custodial litigation mode.The“Non-custodial litigation mode” mentioned in the title of this article is different from the criminal litigation mode in the general sense,it only refers to the new pattern of criminal procedure,which takes non-detention as the principle and detention as the exception,and adopts the non-detention mode to the qualified cases.