The Study On The Issue Of Separation Of The Joint Criminal Cases In China

In judicial practice, inevitably there will be litigation separation of the joint criminal cases, especially in increasing the number of common crime of the moment, the study of the joint criminal cases separation of even more necessary and urgent. But the existing laws and regulations in addition to common crimes involving minors separation provided a principled action, for the integrity of the joint criminal litigation separation little attention. It can be said that China's current criminal procedure system is set for a single crime. Joint criminal litigation separation of the establishment has its inherent theoretical basis, but also necessary for Department of Justice practice. But it turns out, also with the current system of criminal proceedings related to conflict, in judicial practice, it can cause problems. These conflicts and issues that we need to address and recognize that rules designed to solve, so as to ensure that the litigation separation of joint criminal cases in the practice run smoothly play its due role. In this paper the author focuses on the separation of the common criminal proceedings that may arise in the running to discuss issues and propose appropriate countermeasures, in the hope of the establishment of litigation separation can be helpful.This article is divided into five parts:The first part is an introduction, mainly on the common criminal litigation separation of the status of legislation and practice expounded by the lack of legislation and the demand of practice, it comes the conclusion to the necessity of the study of separating the joint criminal cases.The second part of a more systematic separation of joint criminal proceedings against the concept, and other similar distinction between the concept of joint criminal separation and classification of the proceedings was introduced, to be in the " separation of common criminal litigation " for a more clearly defined lay the foundation for the discussion below.The third part is the separation of the joint criminal proceedings Theory. This section will be the separation of the common criminal proceedings discusses the rationality and feasibility of, clearly established the crime points to the case of litigation related to the favorable conditions for the system.The fourth part focuses on the separation of joint criminal proceedings will appear in the program is running problems and litigation with the original potential conflict between, which is the core of this article. The author attempts a detailed analysis of these issues points to a clear case of criminal proceedings in the common practice of the advantages and disadvantages, and thus to establish a common criminal separation in the litigation system can be more perfect system of rules designed to achieve the "Taking its advantage to go to its evil ".The fifth part is a Litigation System of the separation of joint criminal cases. For the fourth part of the mentioned problems, the author sets the rules were to "profit and avoid loss" to ensure that the separation of joint criminal litigation system is established and running smoothly.