First, in recent 10 years, China has made great strides in reform and opening up, with an average annual GDP growth of over 9%. This amazing economic development achievement will inevitably promote all aspects of China's social life, such as politics and culture, especially the political system reform, which has gradually come to the forefront and become an increasingly close relationship between the decision-making organs and the public. The 15th and 16th National Congress of the Communist Party of China emphasized the extreme importance of political system reform and judicial reform in China's future social development and reform process. Therefore, in the past ten years, judicial reform has become an important driving force to promote the legal situation in China. How to carry out judicial reform with the least risk and the lowest cost can be most recognized by political decision-making organs? Personally, I think that amending the procedural law is the first choice. Procedural law is a basic law on litigation procedure and procedure, which emphasizes the procedural settlement of disputes. Different from the drastic changes in the national financial system such as the judicial system, people and property. By amending the three major procedural laws, we can gradually and steadily advance the process of judicial reform in China. This is also the first background and motivation for the three major procedural laws, such as the Criminal Procedure Law, to be revised again.
Second, the concept of respecting procedure is increasingly recognized by the public and legal persons, which creates another foundation for the revision of the Criminal Procedure Law. After the revision of the Criminal Procedure Law from 65438 to 0996, the academic research on the value of procedural independence gradually began to deepen, and the news media also improved the public's understanding of a series of important concepts such as procedural independence and due process by constantly publicizing the value and function of procedures. The change of ideas has created a good "soft environment" for the revision of the Criminal Procedure Law.
Third, the criminal procedure law itself has some major drawbacks and omissions, which need to be "overhauled" urgently. In 2000, the National People's Congress Standing Committee (NPCSC) conducted a careful inspection of the implementation of the Criminal Procedure Law. The examination results show that there are three major problems in criminal proceedings in China: extorting confessions by torture, prolonged detention and difficult defense by lawyers. In recent years, theoretical and practical circles have conducted in-depth research and rectification around these three major issues and put forward many constructive countermeasures, but the final solution of the problems still depends on the legislative revision of the Criminal Procedure Law. In 2005, a series of unjust, false and misjudged cases occurred frequently, which made the social practice requirements of curbing the three chronic diseases that have long plagued China's criminal justice more prominent. Effectively solving the problems in China's criminal judicial practice and avoiding the recurrence of unjust, false and misjudged cases to the greatest extent is another background for the revision of the Criminal Procedure Law.
Fourthly, amending the criminal procedure law is also the only way to modernize and internationalize the criminal procedure system in China. Frankly speaking, although China's criminal procedure system has developed for more than 20 years, it is still in its infancy, and the gap is still relatively large compared with the criminal justice system of countries ruled by law in the world. In fact, the development of China's legal system has made great progress in civil and commercial affairs in recent years. Compared with developed countries ruled by law in the world, China's civil and commercial legal system is shrinking and even more advanced in some aspects. However, the development and development of China's criminal procedure system and criminal procedure law are not optimistic. This inference can be proved qualitatively and quantitatively: from a qualitative point of view, international human rights conventions and a series of basic norms and systems prevailing in countries ruled by law are in a state of absence in China's current criminal procedure law. The simplest example is the principle of presumption of innocence established in western countries more than 200 years ago, which has not been clearly stipulated in the criminal procedure law of China in the 2 1 century. I'm afraid it's hard to use "China's national conditions". Judging from the "quantity", there are only 225 provisions in China's current criminal procedure law, with more than 20 thousand words. Such a scale of supply is very rare in the world. It should be noted that the criminal procedure law is essentially a procedural law, and its function is to inform law enforcement officers and relevant parties how to operate. As a highly operational law, it must be complete and detailed, and its provisions should be more than substantive law, while the number of provisions in China's criminal law is now 448. Due to the small number of articles and rough provisions, it is the judicial interpretation and internal provisions of various organs that really play a role in the current criminal judicial practice, which is seriously contrary to the general trend of modernization, rule of law and internationalization of criminal proceedings. In short, promoting the internationalization and modernization of the criminal procedure system with good quality and quantity also requires the revision of the criminal procedure law.