刑事案件另案处理的检视与完善

另案处理作为我国司法实践中办理不能或不宜并案处理的案件时采用的一种办案方式,具有一定的合理存在空间。当前我国的另案处理概念纷乱、适用类型宽泛、地区差异大,这主要是法律缺位和规范滞后、适用标准不明确、权力制约和监督不足等所引起的。有必要从统一概念、明晰适用标准、建立权力制约机制以及增强被告人质证权和辩护权的保障等方面入手,构建完善的一元化刑事另案处理制度。

Review and Improvement of Handing Offence in another Case

As a way of case handling that is adopted when cases cannot be handled or should not be handled by means of jointer of proceedings in judicial practice in China,handing offence in another case enjoys certain reasonability for its existence.However,at present,there are some problems in handing offence in another case in China,such as confused concepts,extensive types of application and huge regional differences,which are mainly caused by the absence of laws and the lag of norms,unclear application standards,and the lack of power restriction and supervision.Therefore,it is necessary to have a unified concept,clarify the application standards,establish the power restriction mechanism and strengthen the protection of defendant’s rights to cross-examination and defense,so as to construct a sound unified system on handing offence in another case.