Chinese -style criminal procedure rule of law modernization new road
April 29, 2022 10:50 Source: "China Social Sciences", April 29, 2022, Issue 2398 Author: Cheng Lei

Criminal procedures, the construction of the rule of law clearly showing national power,It also involves many basic rights of citizens,It is an important indicator and variable that measures the degree of modernization of a country's rule of law,Therefore, I have attracted much attention。

July 1, 1979,The Second Session of the Fifth National People's Congress passed the first criminal procedure law,Refined the development experience of the criminal judicial system in the first thirty years after the founding of New China、Summary,It has confirmed the principle of many modern procedures for rule of law,Especially the system design of reflection and anti -disappearance of many procedures for the construction of the rule of law。For example,Guarantee defense right、Prosecution right、Judgment rights independently exercise、Public trial、It is strictly forbidden to torture a number of Chinese -based principles and basic systems to be established,It marks the official opening of the rule of law in my country's criminal procedures。

After the Criminal Procedure Law was promulgated in 1979,Along with the development and progress of my country's economic and social,Also through 1996、Two major repair in 2012,greatly improved the modernization level of procedure rule of law。The first correction of the first correction of the Criminal Procedure Law in 1996,It is mainly to adapt to the transformation of Chinese society after reform and opening up,Bet365 app download Eliminate the color of some strong right to litigation mode,The reasonable factors of the British and American law systems reconstructing my country's criminal trial model; at the same time,Adapt to open、Democratic、tolerance、The formation of peaceful social values,Criminal Procedure Law Amended to Public Public、Check、Criminal judicial powers of the Third French organs have been greatly reduced,Raising the degree of civilization of criminal procedures、Democratic level,Basic rights such as defense rights and other citizens are more proper protection。The second revision of the 2012 Criminal Procedure Law,It is mainly committed to solving many Chinese issues in my country's criminal judicial practice exposed in judicial reforms,Many of them are judicial 痼 disease that can not be resolved after the first legal repair in 1996.,For example,Containing torture forced confession、Correction overdue detention、Systemic problems such as lawyers' defense difficulties。

Since entering the new era,China's political, economic and social and society enters the stage of high -quality development,At the same time, facing a big change in the world's century,The rights of the people are becoming more and more intense,Quality requirements for criminal procedures、Effect requirements are becoming more urgent,The role of criminal procedures in the construction of social governance systems and governance capabilities is becoming more and more prominent。With politics、Graduation of social reform,Objects of criminal governance also undergone profound changes,Judicial reforms entering deep water zone,bet365 best casino games These have proposed a new task for the development of the rule of law in criminal procedures。Confunded and Punishment Reform、Reform of the Supervision System Exploring Exploration Exploration Explorer has emerged endlessly,More than a hundred judicial reform work in an orderly manner in judicial practice。These valuable judicial practices based on Chinese land have explored a large number of unique experience and solutions in China,Criminal Procedure Law needs to gradually fix the results of reform and increase it into a legal system。2018 Criminal Procedure Law Amendments are the early judicial reforms、Confirmation of the results of the reform of the supervision system,Although the legal amendment is not large,But created an interactive mode between law and judicial reform,Created a new mode modified by the Criminal Procedure Law,Provides a new path for the advancement of the modernization of procedures。

First,The development of social form determines the development direction and process of the legal system and the development direction and process of criminal procedure system。The legal system is an organic component of the political system,Procedure method is a part of the social governance system,The general trend of social development。The development of the rule of law and the development of the political system is closely linked,General Secretary Xi Jinping once pointed out deeply,"There is a set of political theories behind each form of rule of law,There is a political logic in each rule of law,There is a political position under each road of rule of law "。Whether it is 1979 Criminal Procedure Law reflection on past lessons,Still bet365 live casino games 1996、2012 Criminal Procedure Law to respond to the Chinese -style road of reform and opening up,Control or 2018 Criminal Procedure Law amendments to the confirmation of reform measures in various fields such as Chinese judicial reform in the new era,Political positions all reflect the political position、Political logic、The guidance of political theory on the legal system。Only on the vast Chinese land,Relying on the continuous development of the socialist system with Chinese characteristics,Programming the road of rule of law to gradually spacious、Smooth。

Next,Practical problem -oriented legislation improves the way to advance and gradually clear。From the time of studying the draft of the Criminal Procedure Law,The main line of the rule of law in China has always surrounds the real problems in Chinese judicial practice。Whether it is the drafting purpose of the 1979 Criminal Procedure Law,Still adapting to the needs of the country in 1996,All are criminal procedural laws constantly respond to practical problems、The efforts and attempts to solve the problem of Chinese problems。Since 2012,Legislative correction model driven by judicial reform becomes under the background of the normal state,Practical problems are constantly emerging,Judicial practice constantly verify the feasible solution through pilot methods,Legislation fully draws rich nutrients in Chinese judicial practice,A procedure of procedures based on the Chinese plan of China has developed a way to develop the rule of law。

Last,The gradual awakening of the consciousness of the people's ideas and citizen rights is also an important boost for the modernization of the rule of law in my country。The state of law in a bet365 Play online games country is closely related to national values,On the one hand,Chinese people have always attached importance to entities、The tradition of litigation culture of physical justice,This determines the development of the rule of law in China to a certain extent.、Program independent development stage of the entity,The process of the rule of law of the program must always continue to take into account the people's fairness to the entity、Simple emotion of physical justice。On the other hand,The development of socio -economic life is also gradually promoting the implicit change of the concept of justice in the public,People's pursuit of rights from paying attention to personal rights and freedom,Gradually transition to more attention to property rights,Since entering the information society,People pay more and more attention to the rights of privacy and personal information。The people's expectations of the justice of justice and the guarantee of the rights of the people have prompted the exercise of criminal judicial power not only to reflect the legal principles of procedures,More people can see it、The way you understand to realize justice。The focus of the law of the rule of law is also accompanied by the people's call for rights to gradually expand and improve,The right to protect the right of criminal procedure is the right to personal freedom of the traditional criminal lawsuit,Gradually expand to property rights and privacy rights、Personal information rights; outside ordinary procedures,Special procedures are becoming more and more diversified,Form the protection situation of classification of general objects and special objects,Not only should we pay bet365 live casino games attention to the public’s general rights and interests,Pay attention to a minority group、Rights maintenance of special groups,The whole process、Full process、The protection mode of the full chain gradually forms。

The development of the rule of law in procedure is a step -by -step,Looking at the future,my country's criminal procedure rule of law will eventually focus on the fineness and rigidity of the program on the new road of modernization。The fine nature of the program、Systematic requirements shall set detailed and systematic program specifications for each criminal judicial behavior,To achieve effective regulation of criminal judicial power,Then the effective protection of citizen rights and interests。The existing criminal procedural law provisions are still sparse,Program regulatory objects still exist in many omissions and blind spots,The procedural law norm system that moves to the code is an inevitable choice。From the perspective of the rigidity of the program,Meeting of multiple rights and demands calls for fairness、Transparent program rules act as a decompression valve and a consumer。When the right and weighing of physical justice cannot reach a simple consensus,The importance of rigid program rules will gradually highlight and eventually become the main tool for fixed scores。The greater the rigidity of the program,The independent value of the program becomes more and more prominent,The fixed score of the program should have、Absorb dissatisfaction、The functions of repairing social relations can be fully played,Democracy of the Law of the Law of the Law、Fair、Efficient equivalent value pursuit can be gradually realized。

bet365 Play online games (The author is a professor at the School of Law of Renmin University of China)

Editor in charge: Changchang
QR code icons 2.jpg
Key recommendation
The latest article
Graphics
bet365 live casino games

Friendship link: Official website of the Chinese Academy of Social Sciences |

Website filing number: Jinggong.com Anmi 11010502030146 Ministry of Industry and Information Technology:

All rights reserved by China Social Sciences Magazine shall not be reprinted and used without permission

General Editor Email: zzszbj@126.com This website contact information: 010-85886809 Address: Building 1, Building, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026