Historical Types of Criminal Procedure
1. The concept of historical types of criminal proceedings
The historical types of criminal proceedings refer to the division or classification of criminal proceedings based on certain standards in history and modern times.
Historical types of criminal litigation essence: Classification of criminal litigation based on quasi-substance.
Historical types of criminal prosecution forms: Classifying criminal proceedings from superficial characteristics.
2. Historical types of criminal litigation. Historical Types of the Nature of Criminal Procedure
(1) Criminal Procedure in Slavery Society
The most basic and main characteristics of criminal procedure in slavery society:
1 ． Criminal prosecution is a tool to maintain the social order of slave ownership. It openly protects the slave owners' enjoyment of various privileges, and at the same time implements barbaric and cruel suppression of the majority of slaves. .
2. The highest judicial authority in a slave society is the emperor.
3. Slavery societies generally practice the system of divine testimony or divine revelation.
(2) Criminal proceedings in feudal society
The biggest feature of criminal proceedings in feudal society is to vigorously safeguard the privileges of the feudal landlord class and brutally suppress the peasants.
The highest judicial authority in feudal society was also the emperor.
Criminal proceedings in feudal society paid special attention to the defendant's confession, and torture was widely used to extract confessions.
(3) Criminal proceedings in capitalist society
The essential characteristics of criminal proceedings in capitalist society: it is a tool that serves the capitalist system.
Secondly, the bourgeoisie has stipulated in law the prohibition of torture and the principles of litigation, such as equality before the law, presumption of innocence, independence of judges, open trials, and the defendant’s right to defense. This is a violation of the feudal society. progress.
In addition, the form of bourgeois criminal proceedings and the evaluation principles or standards 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 the interests of the people and maintain the socialist ruling order.
Socialist criminal procedure inherits all advanced, democratic, scientific legal ideas and litigation principles in history, and at the same time puts forward new laws based on summarizing the people’s own judicial work experience. Thoughts and New Litigation Principles.
When reviewing and judging evidence, adhere to the guidance of dialectical materialist epistemology, oppose preconceptions, subjective assumptions and oral confessions to finalize the case, emphasize investigation and research, respect and obey objective facts.
Three types of criminal proceedings in history
(1) Impeachment
Characteristics of impeachment proceedings
1. Proceedings of proceedings It mainly relies on the subjective initiative of both parties, and whether to file a lawsuit depends entirely on the victim.
2. The judge is in the position of a passive arbiter in litigation. The judge is only responsible for trial and does not perform the function of prosecution.
3. When it is necessary to rely on divine judgment, duels and other methods are used to make judgments based on so-called divine revelations.
4. Both parties have equal status and rights in the court, and confrontation and debate are allowed.
5. Trials in the form of impeachment proceedings are generally public and conducted in the form of oral arguments.
(2) Interrogatory type
Characteristics of interrogatory litigation
1. State officials proactively pursue crimes in accordance with their authority.
2. Neither the plaintiff nor the defendant actually has the status of litigants in the modern legal sense.
3. The functions of prosecution and trial are not separated. The judge has the power of trial, prosecution and investigation.
4. It has always been closely associated with brutal torture and interrogation.
5. Usually done in secret.
(3) Hybrid litigation
Hybrid litigation has many characteristics of impeachment litigation and some characteristics of inquisitorial litigation.
In hybrid litigation, criminal proceedings are divided into two major stages, namely the investigation and prosecution stage before court trial and the court trial stage. These two stages of litigation are clearly defined and each has its own characteristics.
At the trial stage, the characteristics of the impeachment process are more fully reflected. In mixed litigation trials, the principle of "no complaint, no response" is also followed. In hybrid proceedings, the functions of trial and prosecution are separate. The status of the parties in the court is equal, and both parties are the subjects of the litigation. Hybrid litigation uses methods such as oral cross-examination and direct questioning in court trials, and is generally conducted in public.
In the investigation and prosecution stages before trial, the characteristics of the interrogation style are reflected. In mixed litigation, the principle of national prosecution is implemented. The defendant's litigation status, rights and relationship with the pursuer at this stage are quite different from those at the court trial stage. Hybrid investigation and prosecution procedures are generally not open to the public and do not undergo debate.
Party-based litigation form: generally refers to the criminal litigation form in countries with common law systems. The trial method in common law countries is cross-examination, that is, the prosecutor and the defense lawyer alternately conduct the so-called "principal examination" and "counter-examination" on the witnesses summoned by the other party. Judges generally only play the role of presiding officer and conductor. The confrontation and debate between the prosecution and the defense were more fully reflected. The judge can only understand the facts listed in the indictment before the trial, but does not know the evidence of the case. At the same time, he cannot accept the interrogation of the defendant before the trial.
Official litigation form: generally refers to the criminal litigation form in civil law countries. The judge is in the position of interrogator during the court hearing process, especially during the court investigation stage. The judge is always the interrogator who interrogates the defendant, interrogates witnesses and verifies various evidences in accordance with his/her authority. The judge can understand all the case facts and evidence materials before the trial. At the same time, he can interrogate the defendant before the trial, and can inspect and verify the evidence work.
Before January 1, 1997, my country's criminal procedure forms or models were relatively close to those in civil law countries, but were far from those in common law countries. . Effective from January 1, 1997, the revised Criminal Procedure Law drew on and absorbed some practices from the criminal procedure model of the common law system.
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