Abstract
China’s current “Criminal Procedure Law” was enacted in 1979, and the law established the basic framework of socialist criminal justice system with Chinese characteristics. The amendments in 1996 and 2012 to the “Criminal Procedure Law”, involving the basic principles, procedures, rules and many other aspects of criminal procedure, emphasized balance on punishment of crime and protection of human rights, entity justice and procedure justice. From the development and main reform of China’s Criminal Procedure Law, we can see that China’s Criminal Procedure Law effectively connected with the international justice standards gradually, promoted China’s criminal procedure legal system going to be more scientific, democratic and rational, and reflected the great progress of China’s democracy and legal system construction having been made in the field of criminal justice (Chen Guangzhong 2012; Bian Jianlin, 2012).
Highlights
The 1979 year’s Criminal Procedure Law opened a new process of criminal procedure litigation after the founding of the People’s Republic of China
Including: 1) confirm prosecution bears the burden the responsibility of proving defendant guilty; 2) perfect defense lawyer system; strengthen prosecution and defender’s equality; 3) perfect various kinds of evidence rules. Such as the evidence referee principle; prohibit to incriminate himself rule; disclosure of evidence before opening a court session; special circumstances forced the witnesses to appear in court and testify; the investigators’ obligations of testifying; witness protection system; 4) pay more attention to humanity care in criminal procedure as well (Quanguo Renda Changweihui Fazhigongzuo Weiyuanhui Xingfashi, 2012)
Further standardizing and perfecting the criminal procedure to achieve effective protection of human rights, improving the efficiency of the proceedings while ensuring the fair value, rational allocation of the judicial power, making the judicial power under the effective supervision, strengthening procedural consequences and procedural sanctions to normalize the exercise of the judicial power, further straightening out the relationship between the public security and judicial organs in criminal procedure, further refinement of the relevant provisions of the Criminal Procedure Law, and enhancing the operability of the law, will be the main points of the Criminal Procedure Law’s amendment
Summary
The 1979 year’s Criminal Procedure Law opened a new process of criminal procedure litigation after the founding of the People’s Republic of China. In 1996, China’s legislative organ revised the 1979 year’s Criminal Procedure Law, and made China’s criminal procedure systems walk a big step forward to scientifization and democratization. The second revision of China’s Criminal Procedure Law has started at the end of 2010. This time, both of the scholars and judicial practitioners put great hope on the second amendment of China’s Criminal Procedure Law, and tried to break through in more aspects (Chen Guangzhong, How to cite this paper: Wang Zhenhui (2015). The Development and Main Reform of Criminal Procedure Law in China. The 2012 year’s revision of China’s Criminal Procedure Law revised on many aspects, including the compulsory measures, the evidence system, the criminal advocacy system, the investigation measures, the court trial procedures, etc
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