Research On The Issue Of Handled Separately In Common Criminal Cases

In judicial practice,we can often see the word "handled separately" marked behind the criminal suspects’name in legal documents,such as request for approval of arrest,prosecution submissions and criminal judgments.This way of separating part of criminal suspects or defendants from the case and then combining them with other cases or separate treatment,has high practical value.It can effectively prevent over-extension of common criminal cases involving litigation time,protect the right of defendants,save judicial resources and improve litigation effectiveness.However;the existing laws and judicial interpretations haven’t make specific provisions to the meaning and standardized applies of "handled separately",which lead to many problems in practice.This paper based on the official figures of a wider geographical spread and strong authenticity.Then combined with internship visits and exchanges,this paper have a rethink of the handled separately existing problems and improving methods,in order to assist in setting up the common crime handled separately mechanism.In addition to the introduction and conclusion,this paper is divided into three parts,with a total of thirty thousand words.The first part focuses on analysis of the value of the handled separately.This part proceed from reality,combined with the success cases in the practice to analyze,expound and prove.Paper first makes a brief explanation of handled separately concept,and then discusses three specific value.To prevent over-extension of common criminal cases involving litigation time,resolve procedural problems and realize the national power of punishment smoothly.To protect the litigious right of defendants appearing in court,prevent the emergence of the extension of detention and delay to trial.To save judicial resources and improve litigation effectiveness,good social communication effects can conducive to foster of criminal justice positive image.The second part is analysis of common crime handled separately’s existing problems and causes.Based on research and literature summary,with criminal proceedings of investigation,prosecution and trial as a dark line,this part elaborates on the problems and deep-seated causes in the various stages of the application process.It points out with emphasis that the drawbacks of handled separately is not confined to high proportion of application,complex reasons,ineffective investigation or absence of supervision which practical circle often concerned with.There should be a comprehensive and objective systematic summary and reflection of the infringement of litigant participants’ right to know,right of confrontation and relief which is hidden in a system behind and the practical operating problems brought to the use of trial evidence and the conviction and sentencing of the court.The third part is construction of mechanism for the common crime handled separately.As the most important part of this article,this section is based on foreign mature mechanism of divisional consolidated and litigation,collects several provinces and regions’ successful reform cases,dares to innovate to try building the judicial divisional mechanism with Chinese judicial characteristics.First,it should adhere to principle "rely mainly on consolidated litigation,divisional litigation combined",regulate the divisional litigation’s applied scope of the various stages of the proceedings.Then to build a scientific and reasonable decision,approval,supervision and relief program,strengthen supervision by establishing Investigation and prosecution coordination mechanism and specify the responsible person,with the purpose of closing departments and solving the problems of excessive centralization of power to make decision.Finally,to solve the problems existing in the case referee process,for example,clearing accomplice Corroborative rules and conditions of differentiating principal criminals from accessary criminals,regulating already settled matters’ binding judgments does not have retroactive effect to judgment of the cases later.The intention is to ensure the entities judgment more standardized and handled separately mechanism more scientific and practical...