On Public Prosecution stage of program triage mechanism
|School||China University of Political Science|
|Keywords||The indictable phase of the program shunt At the discretion not to prosecute Deferred Prosecution Discretion|
The indictable stage procedure shunt Public Prosecution in the prosecution phase of the criminal proceedings, on the part of the case in an appropriate manner to handle, to impose a non-punitive punishment, no longer submitted to the court system. In criminal proceedings, all criminal cases must be resolved through the ordinary trial procedures, then, it would be extremely wasteful of judicial resources. Escalating crime rate, the world of limited judicial resources are facing tremendous pressure, therefore the world began to explore the program triage mechanism to seek a compared to ordinary criminal procedures more efficient processing of the case constitutes a crime for proper disposal. Indictable stage procedure triage mechanism in the Western rule of law in the developed countries has been developed into a mature degree in criminal proceedings, but less than the provisions and use of this system in our legislation and judicial practice. In view of the current crime situation, to establish and improve the public prosecution stage procedure triage mechanism to expand the prosecutorial discretion is very necessary. The public prosecution stage procedure shunt is an important system in the criminal proceedings, research procedures triage mechanism has great theoretical and practical significance. This paper attempts to shunt the concept the indictable stage procedure, the formation and the development process, the theoretical basis for analysis, and passed on the basis of the analysis procedures triage mechanism of the United States, the United Kingdom, Germany, Japan and China's Taiwan region, to study how to build in our country indictable stage procedure in line with national conditions, Ananmanan triage mechanism to a certain sense of Public Prosecution phase of the program shunt mechanism. The paper is divided into six parts, the main contents are as follows: The first part defines the meaning of the Procedure Division, and indictable stage program shunt, the establishment and development process of triage and procedures were reviewed. The second part of the two legal systems of major countries and China's Taiwan region indictable the stage procedure shunt mechanism visits. The United States, the United Kingdom, Germany and Japan, as well as Taiwan, China, and all provisions of the indictable stage procedure triage mechanism. Diversion of criminal procedure in these countries formally mainly for discretionary non-prosecution and deferred prosecution two, but there are different in terms of the specific system design. The third part is indictable stage of the implementation of the program shunt function study. The implementation of the program of public prosecution phase of the triage system, the direct reason is that the increasingly serious crime situation and limited judicial resources intensification of conflicts, through the implementation of the program shunt can effectively improve the efficiency of the criminal proceedings, and at the same time to achieve justice and safeguarding the human rights of the Defendants' . The fourth part is a study of the theoretical basis of the public prosecution stage program triage mechanism. Program triage mechanism is based on the prosecution of indictable stage the Doctrine of the premise, the depenalization thought, penalty individualized thought Procedure Division provides the theoretical basis of the substantive law, while at the same time, non-penalization of thinking Procedure Division, individualization penalty thinking provides ways to realize the program. And the program shunt be running is based on the prosecutor's discretion, can be said of the indictable stage procedure triage mechanism is the study of how to expand, as well as the constraints of prosecutorial discretion. Part V of Practice and Problems of Public Prosecution stage procedure triage mechanism analysis. Our current law system carries Procedure Division is only discretionary prosecution system the triage form of a single program, and at the discretion not to prosecute aspects of the system in the scope of application and the applicable procedures, there is a considerable lack of. The sixth part of the building of an indictable stage procedure triage mechanism analysis, and inspections. Based on the problems of our current procedures triage mechanism and criminal justice practice and learn to absorb the useful experience of western developed country under the rule of law in the two aspects of the the former oversight and supervision afterwards perfect proposal.