Abstract
<p>At present, establishment of diversified Chinese quick transaction mechanism of minor criminal case has become an important project that the judicial organ have to confront due to the reason that the simple procedure set up by Criminal Law of our country is not efficient for transacting the increasing minor criminal cases. Since 2014, Standing Committee of the National People's Congress has authorized the Supreme People's Court and the Supreme People's Procuratorate to launch reform of quick transaction mechanism of minor criminal case in 14 cities like Beijing according to the overall scheme of Central judicial system reform. Since the reform, Courts around have begun to focus on protecting the lawful rights and interests of the criminal suspect and the defendant when they are establishing quick verdict program of minor criminal cases so as to ensure the justice of the case, of which useful experience has been taken. <br />But from the perspective of judicial practice, judicial process of places is not unified because more principled rules of quick transaction mechanism of minor criminal case are launched only by the Supreme People's Court and the Supreme People's Procuratorate. Many problems occur in practice: application and scope are not inconsistent; time is too long in handle procedures before trial, which will influence efficiency; cooperation of public security unit, the inspecting authorities, and courts are not efficient; evidence system of minor criminal cases is not perfect…… These problems have restricted the function of quick transaction mechanism. Therefore, quick transaction mechanism of minor criminal case is to be standardized.</p>
Highlights
At present, establishment of diversified Chinese quick transaction mechanism ofminor criminal case has become an important project that the judicial organ have to confront due to the reason that the simple procedure set up by Criminal Law of our country is not efficient for transacting the increasing minor criminal cases
Applicable scope of quick transaction mechanism is limited to those cases which meet the following four conditions: the first condition is that these cases are featured with simple case, clear facts, as well as certain and sufficient evidence; second is that the criminal suspects may be sentenced to three years imprisonment, criminal detention, surveillance, and single fine; third is that the defendant and his counsel have no objection to the facts and charges against the accused, and they are voluntary to confession; the final condition is that applicable law has no controversy
In some areas implementation of quick transaction mechanism of minor criminal case is promoted by public security organs, procuratorial organs, and courts through joint conference and documents that are signed jointly, but the mechanism cannot be operated effectively due to lack of legal sanction and constraint, which lead to the result that the mechanism is just limited on the working mechanism level and the three organs cannot connect with each other efficiently, causing mechanism fault
Summary
Establishment of diversified Chinese quick transaction mechanism ofminor criminal case has become an important project that the judicial organ have to confront due to the reason that the simple procedure set up by Criminal Law of our country is not efficient for transacting the increasing minor criminal cases. Since the Supreme People's Court and the Supreme People's Procuratorate have been authorized by Standing Committee of the National People's Congress to go on reform pilot, they have launched Opinions about Quick Transaction Mechanism of Minor Criminal Case. From the perspective of efficiency, the implementation of quick transaction mechanism is based on the normative documents issued by the Supreme People's Court and the Supreme People's Procuratorate, which focus on making principled simplification of criminal procedure such as arrest, prosecution, and trial so as to save judicial resources and improve efficiency of transacting minor criminal case. In the current reform pilot practice, effects of quick transaction of minor criminal case are not obvious in some areas for the reason that guidelines issued by the Supreme People's Court and the Supreme People's Procuratorate are rather principled, and that these guidelines lack detailed division and definition of public security organs’ responsibility during investigation procedure. In some areas implementation of quick transaction mechanism of minor criminal case is promoted by public security organs, procuratorial organs, and courts through joint conference and documents that are signed jointly, but the mechanism cannot be operated effectively due to lack of legal sanction and constraint, which lead to the result that the mechanism is just limited on the working mechanism level and the three organs cannot connect with each other efficiently, causing mechanism fault
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