The diversion of complexity and simplicity of criminal procedure includes the diversion of pre-trial procedure and trial procedure.The diversion of complexity and simplicity of pre-trial procedure takes the non prosecution system of procuratorial organs as the core,and the case can be ended without entering the trial procedure;the diversion of complexity and simplicity of trial procedure is to apply different procedures according to the difference of complexity and simplicity of cases.In the current judicial environment of our country,the pre-trial procedure with the non prosecution system as the core is still difficult to play the key role of the diversion of complexity and simplicity,and most cases will still enter the trial procedure.Therefore,the diversion of complexity and simplicity of trial procedure plays a vital role in improving judicial efficiency and optimizing the allocation of judicial resources.The triadic trial procedure diversion system composed of ordinary procedure,summary procedure and quick adjudication procedure is scientific and reasonable,which meets the actual needs of China’s judicial practice.After the establishment of ternary trial procedure,the diversion of complexity and simplicity of trial procedure has made great progress,but there are also many problems.There is still a certain gap from the goal of judicial reform of the diversion of complexity and simplicity in China.Therefore,it is necessary to conduct a systematic study on the diversion of complexity and simplicity of trial procedure in order to better promote the diversion of complexity and simplicity and improve the judicial quality and efficiency.Firstly,Starting with the overall meaning of the diversion of complexity and simplicity,the author defines the connotation of the diversion of complexity and simplicity of trial procedure,combs the development process of the diversion of complexity and simplicity of trial procedure from unitary trial procedure to ternary trial procedure,and analyzes the factors affecting the diversion of complexity and simplicity of trial procedures,such as whether to plead guilty,misdemeanor and the application of consent procedure.Secondly,the theoretical basis of the diversion of complexity and simplicity is the principle of litigation benefit and the theory of purposeful punishment.The diversion of complex and simple trial procedures has been vigorously promoted and carried out in recent years.Therefore,the diversion of complex and simple trial procedures must have unique value.This paper expounds the value of the diversion of complex and simple trial procedures from the perspectives of optimizing the allocation of judicial resources,fairness and efficiency.Finally,the trial procedure is completed with the participation of all litigation subjects.Therefore,we should analyze the problems and causes of the diversion of complexity and simplicity of the trial procedure from the perspective of all litigation subjects participating in the trial procedure,namely the procuratorial organ,the judicial organ,the accused and the victim,and put forward the corresponding improvement path. |