'Procedural decriminalization'is a Chinese concept,and there are some misunderstandings in the current interpretation of this concept.The so-called'procedural decriminalization'is actually a substantive decriminalization,and its impact in practice lies in the fact that this statement provides a greater implementation space for the expansion of procuratorial discretion.However,the criminal procedure structure under the felony system is difficult to adapt to the continuous expansion of procuratorial discretion in misdemeanor cases.The'prosecutor's judgment',with the reform of leniency system as a typical example,has further relaxed the procuratorial discretion,resulting in a transmission effect to the investigation stage.It is necessary to be cautious to prevent the risks arising from the expansion of procuratorial discretion and the problem caused by the excessive transfer of discretion to the investigation stage.In the handling of misdemeanor cases,the'family mode'can be introduced,and the mechanism of'pre-trial investigation+pre-trial transfer'can be established,to focus on the discipline of the defendants of misdemeanor cases.The supervision system of case withdrawal shall be improved,and the leading role of prosecutors shall be strengthened in the pre-trial evidence review.A collaborative platform for handling misdemeanor cases can be built between the public security,procuratorial and judicial organs relying on the'one-stop'law enforcement and case management center,and the entire process of handling misdemeanor cases shall be simplified under the criminal charge system centered on evidence.
万方数据
维普
