Research On China’s Criminal Separate Case Handling System

Criminal Separate Case Handling System is a common way of dividing cases of joint crimes in China’s judicial organs.In the case introduction in the criminal judgment,a person will be marked with "Other Case Handling" in brackets,indicating that although this person is related to the case,it is not Trial with the defendant in this case.The handling of alternative criminal cases has a long history in China,which can be traced back to 1953.After years of judicial practice,the alternative criminal case processing system has been applied to all aspects of criminal justice in China.At present,the problem of handling criminal cases is not paid enough attention in the practical and theoretical circles.On the one hand,most of the legal research issues in criminal law research in China remain at the level of phenomenon analysis,and the concept,nature,and value of the system are vague,and there is a lack of criminal cases handling.Deep thinking about the connotation of the system;on the other hand,China still has a legal vacancy for the handling of alternative criminal cases,and the problem of poor operability of regulatory documents.As a result,the chaos in the practice of alternative criminal cases has not been fundamentally resolved.The theory guides the perfection of norms and regulates the practice of the restraint system.Therefore,it is necessary to discuss the theoretical connotation of criminal alternative case processing,on this basis,analyze the practical situation and existing problems of criminal alternative case processing in China,and construct the overall construction of criminal alternative case processing system in China.And improve the ideas provided.This article discusses from the following three parts.The first part first discusses the difference between broad-based alternative case processing in the context of macro law and criminal case in the context of criminal justice,and according to the practical application scope of criminal alternative case processing in China,combined with the "Regulating the Application of ‘Separate Handling’ in Respect of Criminal Cases",the provisions on the handling of separate criminal cases in the definition of China’s criminal case handling system.Then analyzethe nature and value of the criminal case handling on the basis of concept.Through analysis of big data,the second part reveals the macro-practice picture of China’s criminal case handling,including the scope of application,reasons for application,and application cases,so that readers can clearly grasp the operation status of China’s criminal case handling in the past decade.Then it analyzes that there are various shortcomings and deficiencies in the practice of criminal case handling in our country,which leads to the violation of the standard intention of criminal case handling system,which greatly damages the justice and efficiency of criminal justice in China.The third part analyzes the system reasons that lead to the practice of alternative criminal cases,and proposes improvements to the "Regulating the Application of‘Separate Handling’ in Respect of Criminal Cases".Provides ideas for the systematic construction and improvement of another case handling standard.