To perfect our country minor criminal cases quickly handler’s advice

【Abstract】 The existing on quickly to deal with the views of the minor criminal cases in accordance with the case by case reflects the value of efficiency， impartiality and cost of the law of， more importantly embodies the guarantee of human rights of criminal suspects or plex minor crininal cases are now “surfaced”， if not perfect will be in violation of the law of the objective laws.This paper argues that in terms of the current situation in our country， think should first improve the minor criminal cases quickly handle the application scope of accepting cases， secondly， the time limit for the conform to the processing of minor criminal cases is the key to solve the minor criminal cases.

【Key words】mionr criminal cases； rapid processing； scope of accepting cases； processing time limit

I. Improve the conditions of the applicable scope of minor criminal case quickly handle a case

Clear defined the case facts， evidence really full.Each case will be involved in the facts and evidence， minor criminal cases with normal standard of criminal case facts and evidence is consistent？ What is a fact clear and the evidence is sufficient criterion， not stated， opinion is the existence of defects. This not only cause the judicial organs in practice have different judgment standard， and lead to the same case has different legal sanctions， the lawful rights and interests of the parties can not get guarantee. To this end， the author believes that in order to achieve the purpose of rapid processing program， the legislature shall be considered minor criminal cases has special provisions of facts and evidence， but can’t go beyond the spirit of the basic law principles to the case facts and evidence.

II. Time limit for the conform to the processing of minor criminal cases

1. Specify the public security organ in quickly handle minor criminal case investigation and deadline

Investigation according to the situation of the public security organs in practice， if the deadline is too wide， investigators cannot timely end case investigation， in case can’t quickly entered the stage of examination and prosecution of procuratorial organ. If investigation period too narrow， will lead to investigators in fact is not clear or lack of evidence or not filing cases filed， such as， therefore， shall be investigated by law， may cause an innocent person is guilty of evade the law. So， this article suggested that the legislature， time limit for the reasonable investigation in minor criminal cases is to implement the important root of trial quickly， and achieve the requirements of fairness and justice of law. Therefore， we suggest that the public security organs in the investigation of minor criminal cases， the criminal red-handed and clear facts， evidence really sufficient cases. Criminals active， surrendered and there is evidence to prove that the victim’s case.The case facts and evidence to prove that the criminal infringes on the personal safety and property safety and was caught in the act of the cases， The public security organ shall within three days after the case is transferred for examination before prosecution.

2. Clear rules of the people’s court of the quick trial period of minor criminal cases

People’s court is the use of minor criminal cases fast handler is the last step， reasonable trial period is the key to speed its case-hearing. Therefore， this article suggested that for minor criminal cases directly accepted by the people’s court and the case is simple and clear facts， evidence really， fully from the case to the judgment shall be made within 5 days， at the latest decision within 7 days. Minor criminal cases shall be handled directly by the people’s court， but the case facts need investigation organ investigation， the people’s court shall in decision within 10 days； Procuratorial organs prosecution of minor criminal cases， the people’s court shall make a decision whether to accept in 3 days， for the decision to accept and don’t need supplementary investigation or don’t need to return the case investigation， the court shall make a decision within 7 days. Review the procuratorial organs of the people’s court to prosecute the minor criminal cases， but the case need to be returned to the supplementary investigation or procuratorial organs offered supplementary investigation cases， the people’s court shall not accept， returned to the procuratorial organ to general case.

References：

[1][Italy]in the bekaa：a theory of crime and punishment[M].The encyclopedia of China publishing house，yellow wind，1993：56.

[2]Dream zhao wen，Qiu Boyou，Hu Chongan：minor criminal cases quickly to deal with the status quo analysis[J].load，procuratorial theory and practice，2010（3）.

作者介：庞晓（1990-）， 女， 山东临沂人， 青岛大学法学院2014级诉讼法专业硕士研究生， 研究方向诉讼法学。