The basic principles of the Criminal Procedure Law are:
1. The principle that investigation power, procuratorial power and judicial power shall be exercised by special state organs according to law.
2. People's courts and people's procuratorates independently exercise their functions and powers according to law.
3. The principle of division of responsibilities, mutual cooperation and mutual restraint.
4, the people's Procuratorate shall implement the principle of legal supervision of criminal proceedings.
5. The principle that citizens of all ethnic groups have the right to use their own spoken and written languages for litigation.
6. The principle of public trial.
7, criminal suspects and defendants have the right to defense principle.
8. The principle of guilt shall not be determined without the judgment of the people's court according to law.
9, the principle of protecting the litigation rights of litigation participants.
10, the principle of not being investigated for criminal responsibility under legal circumstances.
What are the principles of administrative litigation?
1, the principle of independent trial by the people's court according to law
Paragraph 1 of Article 4 of the Administrative Procedure Law stipulates that the people's courts shall independently exercise judicial power over administrative cases in accordance with the law, and shall not be interfered by administrative organs, social organizations or individuals. The above provisions of the Administrative Procedure Law establish the principle that the people's courts independently exercise the jurisdiction of administrative cases according to law. This provision is also the embodiment of the relevant provisions of the Constitution and the People's Court Organization Law in administrative litigation, and administrative litigation activities must be followed.
2. Take facts as the basis and law as the criterion.
Article 5 of the Administrative Procedure Law stipulates that when trying administrative cases, the people's courts shall take facts as the basis and law as the criterion. This principle requires the people's court to find out the truth of the case and make a fair judgment according to the law in the process of hearing administrative cases.
3, the principle of legality review of specific administrative acts.
Article 6 of the Administrative Procedure Law stipulates that the people's courts shall hear administrative cases and examine whether the administrative acts are lawful. Therefore, the unique principle of the people's court to review the legality of specific administrative acts through administrative trial is established, which is referred to as the principle of legality review or the principle of judicial review. Legitimacy review includes two meanings: procedural review and substantive review. The review of legality in the procedural sense means that the people's court accepts administrative cases according to law and has the right to try and make a judgment on the legality of the specific administrative act being sued. Review in the substantive sense means that the people's court only examines whether a specific administrative act is legal, not abstract administrative acts, and generally does not examine whether a specific administrative act is reasonable. In other words, this is a limited review.
4. The principle of equal legal status of the parties.
Article 8 of the Administrative Procedure Law stipulates that the parties have equal legal status in administrative proceedings. This provision is the concrete embodiment of the socialist legal principle of equality before the law in administrative litigation. Among the two parties in administrative litigation, one party is the administrative subject, which exercises administrative power on behalf of the state in administrative activities and is in the leading position of managers; On the other hand, citizens, legal persons or other organizations are in a managed position in administrative activities. The relationship between the two is the subordinate administrative relationship between the manager and the managed. However, after the administrative disputes between the two parties entered the administrative litigation procedure according to law, they changed from subordinate administrative relations to equal administrative litigation relations and became parties to administrative litigation. In the whole litigation process, the plaintiff and the defendant have equal litigation legal status.
5. Principles of using national languages in litigation
Article 9 of the Administrative Procedure Law stipulates that citizens of all ethnic groups have the right to use their own spoken and written languages to conduct administrative proceedings. In areas where ethnic minorities live in compact communities or where many ethnic groups live together, the people's courts shall conduct trials and issue legal documents in the spoken and written languages commonly used by local ethnic groups. The people's court shall provide translators for litigants who are not familiar with the spoken and written languages of local nationalities. China's three major procedural laws all stipulate that the use of the spoken and written languages of the nation is the basic principle.
6. Debate principle
Article 10 of the Administrative Procedure Law stipulates that the parties have the right to debate in administrative proceedings. The so-called debate means that under the auspices of the court, the parties fully state their opinions and opinions on the facts of the case and controversial issues, refute each other and defend their legitimate rights and interests. The principle of debate embodies the equal legal status of the parties in administrative litigation and is the symbol of modern democratic litigation system.
7. The principles of collegiate bench, avoidance, public trial and final adjudication of second instance.
Article 7 of the Administrative Procedure Law stipulates that the people's courts shall practise a system of collegiate bench, recusal, public trial and second instance in trying administrative cases. Chapter VII of the Administrative Procedure Law concretizes this provision and makes it the four basic systems of administrative trial.
8, the people's Procuratorate to implement the principle of legal supervision.
Article 1 1 of the Administrative Procedure Law stipulates that the people's procuratorate has the right to exercise legal supervision over administrative litigation. The legal supervision of the people's procuratorate in administrative litigation is mainly reflected in the effective judgment made by the people's court, and it can lodge a protest according to law.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 14 of the Criminal Procedure Law of People's Republic of China (PRC)
The people's courts, people's procuratorates and public security organs shall guarantee the right of defense and other litigation rights enjoyed by criminal suspects, defendants and other participants in litigation according to law.
Participants in litigation have the right to sue judges, prosecutors and investigators for violating citizens' litigation rights and personal insults.
Article 188 of the Criminal Procedure Law
The people's court hears cases of first instance in public. However, cases involving state secrets or personal privacy shall not be heard in public; Cases involving commercial secrets may be heard in private upon the application of the parties. For cases that are not heard in public, the reasons for not hearing in public shall be announced in court.