What is the modern criminal procedure law?

Most scholars tend to introduce the value of western countries and transplant the system, but there is little longitudinal excavation and in-depth analysis of the history of ancient criminal procedure law in China. For example, the witness exemption system in the west and the "concealment of relatives" in ancient China all contain respect and protection for human rights, ethics and other values. Article 14 Principles of Safeguarding the Litigation Rights of the Parties The people's courts, people's procuratorates and public security organs shall safeguard the defense rights 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. As a basic code of conduct established by the Criminal Procedure Law, the basic principles of criminal procedure have the following characteristics: 1. The basic principles of criminal procedure embody the basic laws of criminal procedure activities. These basic legal norms have a profound theoretical foundation of law and rich ideological connotation. For example, the principle of open trial requires the court's trial activities to be open to the public from form to content, which makes the trial activities widely supervised by the public. This is the basic guarantee of fair trial procedure and the basic requirement of judicial trial activities. 2. The basic principles of criminal procedure are the legal principles clearly stipulated in the Criminal Procedure Law. The basic principles of criminal procedure must be clearly defined by law. Those political or theoretical principles that should be followed in the process of law application are not the basic principles of criminal procedure as long as they are not clearly defined by the Criminal Procedure Law. The basic principles stipulated in China's criminal procedure law include two categories: one 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; Wait, we call it a general principle. The other is the basic principles peculiar to criminal proceedings, such as: the principle that 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; Criminal suspects and defendants have the right to defense, which is a unique principle in criminal proceedings. Litigation is an activity to solve disputes under the auspices of special state organs, commonly known as "bureaucratic jargon". The so-called "procedural law" is a law that adjusts the legal relationship of litigation and regulates litigation behavior. According to the classification of law by modern legal theory, procedural law belongs to "procedural law" which regulates the procedure of handling cases. The rules of criminal procedure are the operating rules for handling criminal cases. China is an ancient civilization with a glorious history of 5,000 years. As a unique manifestation of human legal civilization, Chinese legal system has also had its heyday. Interestingly, although human society had litigation activities after the emergence of the state, there was no special litigation law for a long time. Ancient Chinese laws adopted the legislative form of "all laws are unified, regardless of punishment and people, and substantive law and procedural law are unified". Usually, criminal law is the main line, and criminal law and civil law, substantive law and procedural law are confused. Until the 20th century, there was never a special procedural law, let alone a separate criminal procedural law. It was not until the late Qing Dynasty that Shen Jiaben was appointed as the "Minister of Law Revision" that he began to learn and introduce the laws of western countries and formulated the Criminal and Civil Procedure Law of the Qing Dynasty (Draft), but it was overthrown by the Revolution of 1911 led by Sun Yat-sen before its promulgation. Therefore, during thousands of years of slavery and feudalism, there was no criminal procedure law. Although China's legal system once had a glorious period, it inevitably had a lot of dross. At present, we should practice "ruling the country according to law" and build a socialist country ruled by law. We should not only learn from the legal civilization of western countries, but also absorb and learn from some good things in ancient Chinese legal system. As for the criminal procedure law, most scholars tend to introduce the value and transplant the system of western countries, but seldom dig deeply into the history of ancient criminal procedure law in China. For example, the witness exemption system in the west and the "concealment of relatives" in ancient China all contain respect and protection for human rights, ethics and other values. [1] This book traces the Xia, Shang and Zhou Dynasties, and follows the historical development, sorting out the process and characteristics of ancient criminal proceedings in China in Qin, Han, Tang, Song, Ming and Qing Dynasties, and making a comparative analysis and demonstration with the modern criminal procedure laws of western countries and China; It is an instrumental, knowledgeable, research and academic comprehensive monograph on the ancient criminal procedure law of China. To sum up, Article 82 of the Criminal Procedure Law of People's Republic of China (PRC) allows the public security organs to detain a flagrante delicto or a major suspect under any of the following circumstances: (1) a person who is preparing to commit a crime, commits a crime or is found immediately after committing a crime; (2) The victim or a witness on the spot identifies him as a criminal; (3) criminal evidence is found around him or at his residence; (four) attempted suicide, escape or escape after committing a crime; (5) It is possible to destroy or forge evidence or collude with others; (six) do not speak the real name and address, the identity is unknown; (7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.