在本轮司法改革中,有关司法人员分类管理的举措对实务部门产生了较大影响,其中较为突出的问题是如何在最大程度上缓和案多人少的矛盾。为有效解决这一问题,显然刑事案件分流程序仍是较为可行的做法。尽管学界对诸如刑事和解、辩诉交易在内的刑事案件分流曾进行过深入探讨,但法律移植的本土化背景缺失仍会使国外的经验难以适应我国司法实践。因此,在程序分流机制的改革中,需要通过更深层次的司法理念的转变以促进制度改革,而达玛什卡所提出的协作式司法理念,恰可以通过推动刑事诉讼参与主体角色转变的方式,进行公安、司法机关之间纵向的协作与程序分流,并在各阶段充分发挥基层组织的作用,进而在维护司法公正的前提下进一步提升司法效率。 In this round of judicial reform, the measures concerning the classification and management of judicial personnel have had a great impact on the substantive departments. The more prominent issue is how to ease the contradictions with the minimum number of people and many people as many as possible. In order to effectively solve this problem, it is clear that the procedure of diverting criminal cases is still more feasible. Although the academic circles have conducted in-depth discussions on the diversion of criminal cases, such as criminal reconciliation and plea bargaining, the lack of a localized background of legal transplantation still makes it difficult for foreign experiences to adapt to China’s judicial practice. Therefore, in the process of the reform of procedural diversion mechanism, the system reform needs to be promoted through the transformation of judicial concepts at a deeper level. The concept of collaborative justice proposed by Damashka can be achieved only through the promotion of the participation of criminal proceedings in the transformation of the subject’s role, Carry out vertical cooperation and procedural separation between public security and judicial organs, and give full play to the role of grass-roots organizations in all stages so as to further enhance judicial efficiency on the premise of safeguarding judicial fairness.