Abstract:
Innovating the mechanism for rapid handling of misdemeanor cases is an important decision and deployment made by the Party Central Committee. Among the three modes of rapid processing mechanism, direct prosecution mechanism after criminal detention has unique advantages and should be promoted, but at the same time, it is necessary to respond to its controversial issues. Empirical analysis has found that there are problems with the this mechanism: the alienation of criminal detention measures, the weakening of acceleration functions, and the reduction of application ratios. The fundamental reason is that the mechanism improperly sacrifices personal freedom for the benefit at a higher level, and there are shortcomings in terms of time limits and streamlined content. In this regard, it is necessary to reconstruct the direct prosecution mechanism after criminal detention, replacing criminal detention with non-custodial compulsory measures. Direct prosecution without detention is more reasonable, but at the same time, digital empowerment should be used to strengthen the function of mandatory waiting for trial, and the entire process of handling cases should be specified. On this basis, it is necessary to improve the operational efficiency of direct prosecution without detention by applying the Pareto efficiency principle, simplifying the procedures for document production and probation evaluation, and optimizing the allocation of judicial resources, in order to truly implement the rapid handling of simple cases.