Historical types of criminal proceedings
First, the concept of historical types of criminal proceedings
The historical types of criminal proceedings are based on certain standards, which divide or classify historical and modern criminal proceedings.
Historical types of criminal procedure essence: classification of criminal procedure based on class essence.
Historical types of criminal proceedings: classification of criminal proceedings based on superficial characteristics.
Second, the historical types of the nature of criminal proceedings
(1) Criminal proceedings in slave society
The most basic and main characteristics of criminal procedure in slavery society;
1. Criminal procedure is a tool to maintain the social order of slavery. It openly protects the privileges of slave owners and cruelly suppresses slaves.
2. The highest judicial organ in slave society is the emperor.
3. The evidence system of divine judgment or revelation is widely practiced in slavery society.
(2) Criminal proceedings in feudal society
The most striking feature of criminal proceedings in feudal society is to protect the privileges enjoyed by the feudal landlord class and brutally suppress farmers.
The highest judicial organ in feudal society was also the emperor.
Criminal proceedings in feudal society paid special attention to the defendant's confession and widely used torture.
(3) Criminal proceedings in capitalist society
The essential feature of criminal procedure in capitalist society is that it is a tool to serve the capitalist system.
Secondly, the bourgeoisie stipulated in law the prohibition of torture, the principle of equality before the law, the presumption of innocence, the independence of judges, the openness of trials and the defendant's right to defense, which was more advanced than feudal society.
In addition, the form of bourgeois criminal proceedings and the principles or standards for evaluating the probative force of evidence are also different from those in feudal society.
(4) Criminal proceedings in socialist society
Criminal proceedings in socialist society are tools to protect people's interests and maintain socialist ruling order.
Socialist criminal procedure inherits all advanced, democratic and scientific legal thoughts and procedural principles in history, and puts forward new legal thoughts and principles on the basis of summing up people's own judicial work experience.
When examining and judging evidence, we should adhere to the guidance of dialectical materialism epistemology, oppose preconceptions, subjective assumptions and making a final decision only by confession, emphasize investigation and research, respect objective facts and obey them.
Third, the historical types of criminal proceedings.
(1) impeachment
Characteristics of impeachment proceedings
1. "Ignore without telling". Litigation mainly depends on the enthusiasm of both parties, and whether to file a lawsuit depends entirely on the victim.
2. The judge is in the position of passive arbitrator in the litigation, and the judge is only responsible for the trial and does not perform the appeal function.
3. When you need to rely on divine judgment, you will use duel and other methods to make judgments based on the results of the so-called divine judgment.
4. Both parties have equal status and rights in court, so they can confront and argue.
5. The trial in the form of impeachment proceedings is generally open and conducted in the form of oral arguments.
(2) interrogation style
Characteristics of inquisitorial litigation
1. State officials actively investigate crimes according to their functions and powers.
2. Neither the plaintiff nor the defendant actually has the litigation status of the parties in the modern legal sense.
3. There is no distinction between accusation function and trial function, and judges have the power of trial, prosecution and investigation.
It is always closely linked with cruel torture and torture.
5. It is usually done in secret.
(3) mixed type
Mixed litigation has many characteristics of impeachment litigation and some characteristics of investigation litigation.
In the form of mixed litigation, criminal proceedings are divided into two stages, namely, pre-trial review and prosecution stage and trial stage. These two stages of litigation are clearly defined and have their own characteristics.
In the trial stage, the characteristics of impeachment proceedings are fully reflected. The trial of mixed litigation is also based on the principle of "not suing and ignoring". The trial function and accusation function in mixed litigation are separated. The litigation status of both parties in the court is equal, and they are both subjects of litigation. The trial of mixed litigation takes the form of oral debate and direct interrogation, which is generally conducted in public.
In the stage of pre-trial review and prosecution, it embodies the characteristics of interrogation. In mixed litigation, the principle of national prosecution priority is implemented. Compared with the court trial stage, the defendant's position, rights and relationship with the public prosecutor are quite obvious. Mixed investigation and prosecution procedures are generally not open and are not conducted in a debating manner.
Litigation form of the parties: generally refers to the criminal litigation form in common law countries. Cross-examination is a way adopted by courts in common law countries, that is, prosecutors and defense lawyers alternately conduct so-called "main questions" and "rhetorical questions" on witnesses summoned to court by the other side. Judges are generally only in the position of moderator and commander. It fully embodies the characteristics of confrontation debate between the prosecution and the defense. Before the trial, the judge can only know the facts listed in the indictment, but not the evidence of the case, and can not interrogate the defendant before the trial.
Form of authority litigation: generally refers to the form of criminal litigation in civil law countries. Judges are in the position of interrogators in court trials, especially in the court investigation stage. Judges are always interrogators, interrogating defendants, questioning witnesses and checking all kinds of evidence according to their functions and powers. A judge may know all the facts and evidential materials of the case before the court session, and may interrogate the defendant before the court session to check and verify the evidence.
Before 1997 65438+ 10 1, the form or mode of criminal proceedings in China was close to that in civil law countries, but far from that in common law countries. Since 1997 65438+ 10 1, the revised criminal procedure law has drawn on and absorbed some practices of the criminal procedure mode in the common law system.
The concept of criminal procedure structure in China has a development process. In the middle and late 1980s, a paper devoted to the litigation structure said: "Criminal procedural punishment refers to the form of litigation adopted in criminal proceedings, specifically, it refers to the status, litigation rights and obligations and the relationship between the judiciary and the parties in criminal proceedings. The definition in Comparative Study of Foreign Criminal Proceedings, edited by Chen Guangzhong, is simple: "The basic structure of litigation procedure refers to the composition of litigation subject, litigation status and basic forms of litigation. Li Xinjian, a student in Chen Guangzhong, thinks: "The structure of criminal proceedings is determined by a certain litigation purpose, and the legal status and relationship of the prosecution, the defense and the judgment are reflected by the basic litigation methods in the main litigation procedures and evidence rules. Professor W. Zhang Xu pointed out in the book Principles of the New Criminal Procedure Law: "The so-called criminal litigation mode refers to the basic way of handling criminal cases according to specific procedures and rules, which embodies the basic legal status and basic legal relationship between accusation, defense and judgment. "From the above concept expression, we can see that the definition of criminal procedure structure in China has gone through a development process. It was not until Li Xinjian put forward that the structure of criminal proceedings is the legal status and mutual relationship of the three parties that the core issue of the structure was grasped. Professor Zhang Xu, on the basis of Li Xinjian, put suspected crimes into this concept, which is worthy of recognition.