Critical Thinking on the Mechanism of Direct Litigation after Criminal
In the context of leniency on admission of guilty and acceptance of punishment,the direct litigation after criminal detention,as one of the institutional designs to promote the quality and efficiency of the criminal speedy trial procedure,is an approach drawn from the practice in China for rapid processing of minor criminal cases.This method is greatly valuable to promoting the simplification of criminal cases,implementing the concept of leniency on admission of guilty and acceptance of punishment and improving the efficiency of criminal pro-ceedings.However,since its practice,there have been many controversies regarding its legitimacy and rationality,such as soft legal basis,imperfect supervision mechanism,and insufficient human rights protection.Based on the current judicial system,the principle of"non-custodial measures as the main,custodial measures as a supple-ment"should be followed,the mechanism of the direct litigation after criminal detention should be abolished on the basis of being clear about the utility and drawbacks of the mechanism,and the mode of non-custodial litiga-tion should be perfected as much as possible with the help of big data,cloud maps and other means.
leniency on admission of guilty and acceptance of punishmentcriminal detentionthe direct litigation after criminal detentionnon-custodial coercive measures
万方数据
维普
