On The Regulation Of Separation Processing In China’s Criminal Procedure

In my country’s criminal proceedings,the alternative criminal case handling mechanism is a rare case handling mechanism in judicial practice.The current criminal procedure law and departmental judicial interpretation lack systematic regulations,which inevitably lead to alternative cases being treated lightly and circumvented by alternative cases.The litigation activities in this case(even evolved into "another case ignored"),the handling of another case led to many judicial chaos,such as judicial rent-seeking.Only in recent years has the issue of standardization of the procedures for handling separate cases of criminal cases gradually aroused great attention from the academic and practical circles.The related concepts of the alternative case handling mechanism have not been fully clarified academically.This article believes that the inability to resolve the case through the same litigation procedure due to the complexity and special circumstances of the case is the reason for the application of the alternative case handling mechanism,which is combined with the academic viewpoints of the academic community.After theoretical analysis,it is believed that the essence of another case handling mechanism is the power of procedure selection.The emergence of another case handling mechanism has its rationality side,which is improving the litigation economy;improving the judicial protection of human rights in criminal proceedings has its rationality side.Reviewing the development process of my country’s alternative case handling mechanism has mainly experienced three stages.From 1979 to 1996,the initiation stage,during this period,another case handling mechanism gradually emerged in judicial practice along with our country’s criminal procedure legislation.From 1996 to 2012,chaos occurred frequently.With the revision of the Criminal Procedure Law in 1996 and the increase in the total number of criminal legislation and crimes during this period,the application of alternative case handling mechanisms has gradually increased and many chaos have appeared.From 2012 to the current standardization stage,with the frequent chaos of the alternative case handling mechanism and the gradual attention of the academic community,the advancement of related legislation has brought the alternative case handling mechanism into a standard period.From the many chaos in judicial practice,it can be seen that our country is in a social background of rapid economic and social development.Due to the lagging of criminal procedure legislation,imperfect internal supervision mechanism,and the lack of social supervision,our country’s criminal law In litigation,there are frequent chaos in the handling mechanism of another case,which is specifically reflected in the unknown initiation of the procedure;infringement of the litigation rights of the parties;and difficulty in ensuring substantive justice.Regarding the regulation path of our country’s alternative case handling mechanism,it is not only perfected from the legislative aspect.In legislation,it is clear that the initiation of the alternative case handling mechanism should include three organs: investigation,review and prosecution,and trial;in the legislation,the scope of application of the alternative case handling mechanism is clearly defined to accurately apply the mechanism;and the parties’ litigation rights are guaranteed in terms of entities and procedures.It is also necessary to strengthen internal and external supervision of power.Finally,the relevant systems and measures will be improved,so that the alternative case handling mechanism can operate on the track of the rule of law.