1. Some problems about the basic principles of criminal procedure are discussed. The so-called "basic principles of criminal procedure" are some things with regularity that have a decisive influence on criminal procedure, or some guiding thoughts. This paper summarizes nine basic principles, which are not purely academic research unrelated to judicial practice, but have important guiding significance for litigation legislation and judicial practice.
Pioneering: It is the first academic work in China with the principle of criminal procedure as the research object.
Theoretical: Interpret and embody the concepts and principles of the Criminal Procedure Law with speculative and comparative methods, and pay attention to the interpretation of the Criminal Procedure Law.
Systematization: it is a systematic study of the principles of criminal procedure with the concept of criminal procedure as the essence, the principle as the main line, the elements and structure of litigation as the basic analytical framework, and the concepts and principles in the procedure as the destination.
Foresight: Using the principle of criminal procedure, this paper analyzes the problems existing in the legislation and judicial practice of criminal procedure in China, and puts forward the direction of perfecting China's criminal procedure law from a macro perspective, inspiring thinking and broadening our horizons.
Authority: The information is informative and novel, and the author lineup is strong.
Second, the basic principles of the criminal procedure law refer to the basic code of conduct that reflects the requirements of the concept and purpose of criminal proceedings, runs through the whole process of criminal proceedings or the main litigation stage, has universal or significant guiding significance and normative role in criminal proceedings, and special state organs and participants in criminal proceedings must follow.
The basic principles of criminal procedure law generally have the following characteristics:
1. It embodies the basic law of criminal procedure. These basic legal norms have a profound theoretical foundation of law and rich ideological connotation. For example, without the judgment of the people's court according to law, no one can determine the principle of guilt, and the power to find the defendant guilty is uniformly exercised by the people's court, and no other organ, organization or individual has the right to exercise it. The concept and connotation embodied in this principle are generally adopted by countries ruled by law, and also reflect the basic laws of criminal trial activities.
2. It must be clearly stipulated by law. The principles of criminal proceedings can be clearly defined by laws, including the Constitution or constitutional documents, the Criminal Procedure Law and other laws, United Nations documents, documents of some regional organizations, etc. It can also be embodied in the guiding ideology, objectives and tasks, specific systems and procedures of the Criminal Procedure Law. The basic principles of the criminal procedure law must be clearly defined by law. The basic principles stipulated in the criminal procedure law include two categories: one is the general principle, that is, the principle that criminal proceedings and other proceedings must abide by, such as the principle of taking facts as the basis and taking law as the criterion; The principle of equality of all citizens before the law; The principle that citizens of all ethnic groups have the right to use their own spoken and written languages in litigation; The principle of open trial; The principle of protecting the litigation rights of litigation participants, and so on. The other is the basic principles peculiar to criminal proceedings, such as the principle that the investigation power, procuratorial power and judicial power are exercised by special organs according to law; The principle that people's courts and people's procuratorates independently exercise their functions and powers according to law; The principle of division of responsibilities, mutual cooperation and mutual restraint; The principle that criminal suspects and defendants have the right to defend, and so on.
3. Generally, it runs through the whole process of criminal proceedings or the main litigation stage, which has more general guiding significance. The basic principle of the Criminal Procedure Law is the principle of regulating and adjusting the whole criminal procedure, which is applicable to all stages or main stages of criminal procedure and should be observed by specialized state organs and their staff and all participants in the proceedings.
It is legally binding. Although the basic principles are abstract and general, all specific litigation systems and procedures must conform to these principles. Moreover, in the absence of detailed provisions in the specific litigation system, the basic principles of the criminal procedure law can be directly applied, that is, the criminal procedure principle has the function of making up for the lack of legal provisions and filling legal loopholes.
Above, the basic principles of the Criminal Procedure Law, let us understand that no unit can find a criminal suspect guilty without a court decision, and the basic principles are theoretical, which embodies the systematic and forward-looking principles of litigation law. He improved the direction of procedural law and broadened our legal horizon. Criminal proceedings make up for the shortcomings of the law.