Abstract: Joint handling of criminal cases is a special operating procedure. Reasonable joint handling of criminal cases not only is necessary but also has positive value in terms of better discovering the truth, ensuring consistency in sentencing, and saving judicial resources. However, there are some problems in China's current practice, such as over-emphasizing the dominance of public power which affects the rights of the prosecuted, the "unlimited" joint handling which increases the burden on the judiciary and affects the case handling quality, using joint handling as an excuse to improperly extend the time limits for case handling and custody, and using an ordinary procedure for joint handling of cases which restricts the procedural diversion and right disposal. In order to effectively address these problems in the future development of joint handling of criminal cases, it is advisable to place greater emphasis on the right protection for the prosecuted, explore the reasonable division of mega-cases, strengthen the restrictions on the time limits for case handling and custody, and improve the access of the prosecuted to the procedural diversion and rights disposal after the joint handling of cases.

Key Words: decision on joint handling of criminal cases; scale of joint handling of criminal cases; time limit for joint handling of criminal cases; rights protection; rights disposal

Author: Liu Renwen, a research fellow at CASS Institute of Law and a professor at the University of CASS.

Source: 11 (2023) Political Science and Law