The Research On The Civil Treatment Of Minor Criminal Cases

The growing number of Mnor Ciminal Cases and the shortage of judicial resourcesbecome to be a principal contradiction, which obstructes the current Criminal Litigation to beefficient and smooth. At the same time, the traditional Criminal Trial can not make thecriminal damage of social relations effectively repaired. The trial of criminal cases is notgood.Faced with such a status, how to achieve the organic unity of social effects and the legaleffect, so as to build a harmonious society, become a major problem in the Trial organs.This paper discusses the civil processing system of Minor Criminal Cases. Currently,civil treatment for Minor Criminal Cases, in domestic, there are not a unified definition.Integrated different views, the author further cleared the concept of civil processing of MinorCriminal Cases, and distinguished it with "Compounding", Criminal Reconciliation, CriminalMediation, Quick Adjudication Mechanisms, Litigation Trading, Restorative Justice.From the situation of the pilot and implementation work of the civil treatment forMinor Criminal Cases in some areas of our country, we can see that, the civil treatment forMinor Criminal Cases improved the efficiency of litigation, saved the judicial resources,fully protected the interests of victims, made the perpetrators return to society, effectivelyrepaired the social relations which was destructed by crime, and promoted the construction ofsocial harmony and stability. But in the work there are also some general difficulties andproblems. There are three main aspects: First of all, in legislation, the legal protection inmany areas of civil treatment of Minor Criminal Cases are lacking; second, in judicial, thediscretions of the trial organ in the administration are too excessive, that they can not graspeasily, and this may incur judicial corruption. Finally, in understanding, the community willhave questions and misunderstandings on that the crime can spend money for commutation,and judicial encourage the "compounding".In the exploratory phase of the pilot, the problem can be solved in the implementationof the work. On legislation, we can determine applies objects, scopes, applicable conditionsand the penal system and supporting system, of the Civil processing system of MinorCriminal Cases. Also in judicial practices, we should built Security mechanisms forVoluntary Principles, strengthen procedural norms, and improve the practical specification ofthe oversight mechanisms and publicity mechanism that to solve the current problemsencountered, thereby to implement removing obstacles to the smooth implementation forpaving the way of the civil treatment of Minor Criminal Cases.