중국 형사소송 현대화의 역사적 고찰(當代中國刑事訴訟現代化的歷史考察)

Abstract

This study constitutes an attempt to shed light on the social transformation and the evolution of the rule of criminal law in Contemporary China. In section two, it probes the history of criminal procedure from the late Qing Dynasty's law revision to 1949. The codification of criminal procedure law draft indicated the formation of modern criminal justice, criminal procedure in Republic of China belonged to the continental system, criminal procedure in communist party's base area had its unique characteristics. In section three, it probes the criminal procedure law from 1949 to 1976. The criminal procedure law type was the rule by law from 1949 to the period before anti-rightist movement(1957), and the type was the rule by movement or policy from 1957 to 1976. From 1949 to 1976, criminal procedure law's social base was extremely strong nation and extremely weak society, and the nation totally controlled the society. In section four, it explores the 1979 criminal procedure law, this code indicated the making of rule by law, and the social base of this code was the separation between nation and society. In section five, it probes 1996 criminal procedure law. It indicated the formation of the rule of criminal procedure law. And this code’s social base was the interaction mechanism between nation and society. In section six, it probes the social base of perfection of criminal procedure in China, and gives the plan to the re-formation of rule of criminal procedure law in China.