The Study On The Outsider Case In Criminal Procedure

"Separate handling" is a legal system in the handling of criminal cases in my country.It is usually applied to some cases where there are joint crimes and related crimes.The criminal cases resolved in the proceedings are divided into several different separate cases,and separate proceedings are applied.The purpose of this measure varies from case to case,but it is fundamentally implemented to achieve a certain litigation value.It is based on the actual situation of judicial operation in my country,and has a relatively deep theoretical foundation of criminal substantive law and criminal procedure law.It has played a pivotal role in the handling of criminal cases in our country.Compared with other more mature judicial systems,"separate case handling" was formed relatively late in my country’s legal system,with insufficient theoretical research,rough legal norms,and lax review and supervision.This leads to many problems in the process of judicial application.For example,due to the lack of effective regulation of corresponding norms when applying the system,the implementers of the system are more arbitrary when it comes to whether the case is suitable or should apply the system.The convenience of handling cases even abuses this system from time to time,which also infringes on the litigation rights of some of the applicable subjects to a certain extent.What’s more,in some extreme cases,there are still cases where some of the implementing subjects are willing to use the "separate case" system to achieve power rent-seeking,judicial corruption and other illegal and criminal purposes in order to exonerate the criminal suspect or obtain key evidence..Accordingly,in order to better exert the due value and purpose of this system and achieve its best legal effect,this paper firstly sorts out and analyzes basic issues such as the basic connotation elements,theoretical basis and value discussion of the "separate case" system.Analysis,and through the implementation of specific system points,namely applicable rules,applicable procedures and supervision mechanisms in three main directions,the existing problems are analyzed and discussed in a combination of theory and cases.Try to analyze the possible causes of these problems and further propose corresponding solutions.For example,the important positioning and litigation rights of the parties,especially the defendants,in the "separate case" procedure mentioned many times in the article,the applicable rules and subject status of the "separate case" system in the court and the trial stage,and the supervisory mechanism and power under multiple paths The possibility of restricting construction is the focus of this paper’s strong proposition and research.Finally,through a multi-angle progressive analysis,this paper takes the standardization of the "separate case" system as a means of realization,and finally hopes to realize the purpose of making it highlight the value of active litigation in the criminal procedure of our country.