| The criminal direct prosecution procedure refers to the procedure in which the case handlers take non-arrest coercive measures against the lesser criminal suspects in accordance with the legal provisions and the circumstances of the case in order to investigate and prosecute directly in criminal proceedings.There is no difference between the direct prosecution procedure and the "non-custodial litigation" procedure in many respects,except that different subjects have different usage habits in terms of their respective working perspectives.The term "direct prosecution" is mostly used orally by public security.The direct prosecution procedure is mostly applied by investigative organs in investigating cases,and the problems are mostly focused on here.This paper studies the direct prosecution procedure from the perspective of public security organs.It is more suitable for judicial practice.In 2012,the amendment of the Criminal Procedure Law increased the principle of respecting and guaranteeing human rights.In 2015,Henan Province promulgated the Provisions of HeNan Province on Several Questions of Implementing Non-custodial Procedure in Handling Criminal Cases(Trial Implementation).It embodies the dual functions of both respecting and guaranteeing human rights and combating crime in criminal proceedings.Through research and development,the author finds that the grass-roots judicial organs,especially the public security organs,in handling direct prosecution cases,do not use the direct prosecution procedure comprehensively in light criminal cases that may be sentenced to less than three years’ imprisonment,but apply cautiously and selectively to several routine cases,which is incompatible with the trial procedure of criminal quick adjudication and the procedure of confessing guilt and admitting punishment from light criminal procedure in recent years.Basically,it embodies the principle of the unity of justice and efficiency.This article takes the direct prosecution procedure of the public security investigation organ as the breakthrough point,studies the current situation of the criminal direct prosecution procedure,analyses the existing problems in the directprosecution procedure,and constructs the direct prosecution procedure matched with the criminal case quick adjudication procedure under the background of lenient confession and punishment system.This paper first outlines the background of the criminal direct prosecution procedure,and its development and changes from limited application to extended application,and demonstrates the applied value of studying this issue.Secondly,it carefully analyses the practical problems of the direct prosecution procedure in the judicial practice,such as the lack of maneuverability and the poor operation of the procedure.It reveals that the main reasons for this problem are that the case handlers are concerned about the direct prosecution procedure,the main body of the direct prosecution procedure is not active,the time of criminal investigation is not clear,the identification of social danger is too broad,and the supporting measures are lacking and lagging behind.Then it puts forward the view that we should learn from foreign relevant practices and take direct prosecution procedure and non-custodial compulsory measures to the maximum extent for criminal suspects and defendants.Finally,the author proposes to further standardize and improve the criminal direct prosecution procedure from the following aspects:standardizing the applicable standards of direct prosecution procedure,perfecting the compulsory measures of guaranteeing pending trial,monitoring residence,quantifying the relevant standards of social risk identification,and strengthening the public’s understanding of the direct prosecution procedure.The purpose of this paper is to explore the effective connection between the direct prosecution procedure and the current judicial system reform measures,to help implement the judicial purpose of respecting and safeguarding human rights,in order to make a modest contribution to the process of promoting the construction of the rule of law in China. |
