中国刑事诉讼法的新动向论议

Abstract

The revision of the Criminal procedure Law of China (hereinafter referred to asthe Criminal procedure Law of China) in 2018 is another exploration of thetransition from the criminal procedure law of China to a modern criminal procedurelaw. The criminal procedure law is to guarantee the criminal entity trial to carry outeffectively the rule, the rule relates to the citizen’s most basic right and the socialpublic law benefit which the country must protect strictly. Its perfection andrationality reflect the importance that a country attaches to the protection of humanrights and the degree of social civilization. The criminal procedure law of China hasbeen developing and perfecting along the way in accordance with its own nationalconditions. The decisive factor is China’s domestic political, social, economic andcultural factors. The amendment of the Criminal procedure Law still adheres to thetradition and conforms to the needs of the domestic situation. The entry points of therevision are mainly three: the scope of authority of the procuratorate after strippingthe power of investigation of duty crimes, the system of trial in absentia, and thelenient system of admitting guilt and punishment. The purpose of China’s Criminalprocedure Law is to “punish crimes and protect human rights.” all of the abovepoints have touched on the most basic criminal substantive rights and proceduralrights of the accused. Based on this, this paper tries to clarify and analyze thespecific contents of the revised procedures. Insight into its legislative purpose, graspthe core of the revised system, deeply understand the essence of China’s criminalprocedure law, in order to promote the legitimate rights and interests of the accusedto be better protected. If the lenient system of confession, admission and punishmentis lenient, under what conditions should the procuratorate “negotiate the complaint”, how the defender can better protect the legitimate rights and interests of thedefendant in the “negotiation of the complaint,” and what role does the duty lawyerplay in the process of admitting guilt and punishment? How should the courtsupervise the leniency of admitting guilt and punishment properly or how to graspthe role orientation and so on. Things are generally linked, the case fully shows thatin the criminal procedure law, each institutional change will involve the interests ofall parties and changes in social relations in a horizontal or vertical dimension. Thisarticle is also a collection of opinions, including: the provisions of the provisionslevel, the various angles of institutional analysis, as well as the corresponding systemdefects summarized. The most fundamental purpose of criminal procedure law is toprotect human rights, and the most important one is to protect the accused’s right toeffective defense. This paper also attempts to explore the possible changes in thedefense system from the above-mentioned “entry point”. In the hope of helpingChina’s criminal defense. The transformation is a process, and this revision is also apity-considering that the content of the judicial system reform has not been fullymature in practice for the time being, and that the reform has touched a wide rangeof areas, There are still disputes among scholars on how to implement the reform of“trial-centered” litigation system, and the contents involved in judicial reform havenot been fully implemented in the revised provisions. n short, China’s criminalprocedure law system is moving forward.