1, the privilege against self incrimination before repair, only stipulates that "prohibited torture to extract confessions and other illegal methods to collect evidence". In order to further curb torture to extract confessions and other illegal evidence collection behavior from the system, safeguard judicial justice and criminal proceedings in the legitimate rights of the overhaul, the exclusion of illegal evidence make clear provisions. In the original regulations "strictly based on torture to extract confessions", adding "no person shall be forced to prove their crimes".

2After overhaul, illegal evidence exclusion system, clearly stipulating the specific criteria for exclusion of illegal evidence:1Using torture to extract confessions, and other illegal methods to collect the suspect, defendant's confession and using violence, threats and other illegal methods to collect the testimony of witnesses, victims' statements, should be excluded.2Violation of the provisions of the law, collect evidence, documentary evidence, may seriously affect judicial justice, shall be corrected or make reasonable explanations; no correction or to make a reasonable explanation, the evidence should be excluded.3, the people's court, the people's procuratorates and the public security organs have the obligation of exclusion of illegal evidence, investigation procedure of exclusion of illegal evidence and the court hearing process.

3To promptly sent to jail, to prevent the system from the acts of torture to extract confessions, added provisions of detention, arrest promptly sent to the house of detention, interrogation and interrogation recording system in the detention center.

6Clearly, the witness appearing in court as a witness for the range, check the evidence, to find out the case, it is significant to correctly judge. The draft amendment stipulates: the public prosecutor, the defender, agent ad litem or on the testimony of witnesses have objections, and the testimony of witnesses have a significant impact on the sentencing, the people's court considers necessary, witnesses should appear in court. And the provisions of the witness to testify in court without proper reasons, the people's court may enforce the court, for if the circumstances are serious, be sentenced to detention for less than ten days; at the same time, taking into account the spouse, parents, children are forced to testify against a defendant in court, not conducive to family relationship, the defendant's spouse, parents provisions the children, except.

7The protection of litigation, participate in the system in order to further strengthen the protection of witnesses and appraisers, the victim, the provisions:1, for crimes against national security, terrorism, organized crimes of the underworld crime, drugs, the witnesses and expert witnesses, victims when testifying in a lawsuit, himself or his close relatives and personal safety risk, the people's court, the people's procuratorates and the public security organs shall take the necessary protective measures.2, the witnesses and expert witnesses, victims due to testify that danger, can request to protect.

8Clearly not to expand the capture range, in view of the judicial practice in the conditions of arrest understanding inconsistency problem, is conducive to the judicial organ accurately grasp the conditions of arrest, the draft amendment will be social dangerous criminal procedure law on the conditions of arrest ", and it is necessary to arrest the provisions of" fine:1The implementation of the new crime, may;2The real danger, endanger national security, public security or social order;3, may hinder the investigation (such as: may destroy or forge evidence, witnesses or interference collusion; May to the victim, informants, accused people take revenge; to Dutch act or flight);4May be sentenced to ten years in prison. But, may be sentenced to a punishment more than ten years in prison in prison, "once an intentional crime or criminal suspects, defendants" unidentified, should be arrested.

9Listen to the counsel, increased to ensure that the people's Procuratorate approved the arrest of the right to exercise correctly, prevent false arrest, added provisions of review people's Procuratorate approved the arrest. Criminal suspects and listen to the counsel opinion program, and program for custody necessary to review after the arrest.

10Perfect location, residential surveillance surveillance with bail similar, is mandatory measures to limit the criminal suspects and defendants, personal freedom, but the restriction of freedom degree. The same rules applicable conditions of the two kinds of compulsory measures the current criminal procedure law. Considering the characteristics of residential surveillance and the actual execution, the surveillance of residence located in the alternative to detention, and the provisions of applicable conditions and bail different comparison.

Accordingly, the new regulations apply to residential surveillance, consistent with the conditions of arrest, but:1Affected with a serious disease, the life cannot provide for oneself;2, pregnant or breast-feeding their babies;3The only dependency, Department of life can not take care of the people;4Because of the need for the special circumstances of the case, or for handling the cases, take measures are more suitable for residential surveillance;5Custody, as well as the expiration of the period, the case has not yet completed, the need to take measures under residential surveillance.

At the same time, the provisions for the alleged crimes against national security, terrorism crime, crime of particularly great bribery crime suspects, residential surveillance residence in the execution may hinder the investigation, the approval of the people's Procuratorate at the next higher level or the public security organ, can be performed in the designated residence, but not in custody and special case handling place. To prevent this measures are abused in practice, the provisions of the people's Procuratorate shall exercise supervision over the specified decision and implementation of residential surveillance of residence.

11, notify the family of the exception to reduce the criminal procedural law: detention, arrest, in addition to hinder the investigation or not notice, should put the reasons for detention and arrest, the premises, within twenty-four hours, notify the detainee, the family of the arrested person. Among them, "boundary situations would hinder the investigation" is ambiguous. In addition, the designated home residential surveillance after notification of family is not specified. Considering the punishment of crime and protection of criminal suspects, defendants rights needs, it is necessary to strictly limited to take compulsory measures do not notice the exceptions families.

Accordingly, the draft amendment to delete the arrested after notification would hinder the investigation without exception, family clearly stipulates, "detention period would hinder the investigation does not notify the family of the case", only suspected of crimes of endangering national security, terrorism, and provisions would hinder the investigation situation disappear, it shall immediately notify the detainee's family. To the arrest and designated residence residential surveillance measures, in addition to not notice, all should be arrested or residential surveillance within twenty-four hours after notification of family.

12The investigation stage, can be entrusted the draft amendment to modify the criminal procedure law on criminal suspects in the investigation stage can only hire a lawyer to provide legal help: can entrust a lawyer criminal suspects in the investigation period.

13To meet with the lawyers law, linking a defense lawyer meets with the criminal suspect in custody, the defendant, criminal law: in the investigation stage, for cases involving state secrets, the lawyer meets with the criminal suspect in custody, subject to the approval of the investigation organ. Provisions of the amended law, lawyer with a lawyer's practice certificate, certificate of his law firm and a power of attorney or legal aid official letter, have the right to meet the criminal suspect.

With the repeated research thinks, the relevant provisions of law shall be absorbed in the criminal law, but in a few cases, considering the actual situation of safeguarding national security, public safety, to meet with the criminal suspect in advance by the lawyers in the investigation stage, the investigation organ is necessary. Accordingly, the draft amendments to the provisions, crimes against national security, terrorism crime, crime of particularly great bribery case, in the period of investigation lawyer meets with the criminal suspect in custody, it shall obtain the permission of the investigation organ.

14The lawyers law, marking and connected to a lawyer, the draft amendment stipulates, defense lawyers in the prosecution and trial stages, can consult, extract, copy the file material.

15Aid to the investigation stage, to further protect the suspect, the defendant's right to defense and other rights, the draft amendment to extend the scope of legal aid in criminal proceedings, the trial stage to provide legal aid to in the investigation, prosecution, trial stage are to provide legal aid, and expanded the scope of legal aid object.

16Measures of technical investigation, the people's police law of national security law, regulation, the investigation organ for the need for crime investigation, according to the relevant provisions of the state, through strict approval procedures, can adopt the measures of technical investigation. The current criminal procedure law did not make provisions for technical investigation measures. The draft amendment increased provisions strictly regulate the technical investigation measures.

17Criminal procedure, not v. to protect lawful rights of participants, the draft amendment to increase provisions, the parties and the defender, agent ad litem, stakeholders, the judicial organs and their staff to take compulsory measures may not be released the statutory time limit, dissolution or change, shall refund the bail deposit is not returned, take the attachment, seizure, freezing measures on irrelevant to a case of property, shall cancel the seizure, seizure, freezing does not relieve, corruption, embezzlement, privately divide, exchange, in violation of the provisions of the use of attachment, seizure, freezing the property behavior has the right to appeal and accusation, and the provisions of the corresponding procedures.

18Second, expand the range of fair trial guarantees on the trial of cases, the draft amendment further defined the second instance shall open a court session scope, increase provisions: facts, evidence, appeal people to first instance found objection, may affect the conviction and sentencing, the defendant was sentenced to death in the case on appeal, the people's Court of second instance it shall hold a hearing.

19, avoiding repeated retrial to avoid repeated retrial cases, long, increase provisions: due to the facts are not clear or the evidence is insufficient, the people's Court of second instance remanded by the people's court to the trial of the case, the people's court again to make the verdict, the defendant appealed or protested by the people's Procuratorate, the people's Court of second instance it shall make a judgment or ruling according to law.

20Clearly, the remand without punishment, to implement the appeal not infliction principles, to avoid in the appeal cases in the people's Court of second instance retrial, if the people's court in the trial of aggravating circumstances, increase provisions: the people's Court of second instance the case remanded, in addition to the new facts of the crime, the people's Procuratorate for supplementary charges outside, people the trial court shall not increase the criminal punishment on the defendant. In addition, the draft amendments also perfect property and its interests in attachment, seizure, freezing process etc..

21, perfecting criminal collateral civil suit system of supplementary civil action procedure to effectively resolve social conflicts and disputes, the victim get compensation in time, which plays an important role in. On the basis of summing up the judicial practices, the draft amendment made to add amendments to the supplementary civil action procedure.

First, increase provisions: the victim's death or incapacity, his legal representatives, near relatives shall have the right to file an incidental civil action. Two, increase provisions: the plaintiff in incidental civil action or the people's Procuratorate may apply to the people's courts to take preventive measures. Three, increase the people's court shall: incidental civil lawsuit, mediation may be conducted according to the material loss, or judgment, ruling.

22At the same time, the protection of, the death penalty review right of defense to increase provisions: the Supreme People's court review of death penalty cases, may interrogate the defendant, defense lawyers request shall listen to the opinions, defense lawyer. In the process of death penalty cases, the Supreme People's procuratorate can give advice to the Supreme People's court. The Supreme People's court shall notify the Supreme People's Procuratorate, the death penalty review results.

23Procedure for trial supervision, supplement and perfection of the procedure for trial supervision on the wrong judgment, order to correct, to ensure that the quality of case, safeguard judicial justice. The draft amendment to the appeal the decision in the case trial conditions, a people's court at the people's court outside instruction trial, the people's Procuratorate sends procurators to the court decision procedure, retrial case coercive measures, the original judgment, ruling to suspend the execution of such content as the supplement.

24, wrong execution outside prison and compensate for the temporary execution outside prison, is in accordance with statutory conditions of criminal execution in prison penalty system. Draft amendments to further regulate the temporary execution outside prison, and timely to decide approval procedures, in order to prevent the criminals used this system to escape the penalty, and increased regulation: do not accord with the temporary execution outside prison conditions of the criminals through bribery and other illegal means is permitted to execute, its not included in the prison during the outside of prison; criminal in the temporary execution outside prison during the escape, escape is not included in the term during execution.

25,,, and reducing false CC supervision draft amendment to increase provisions: prison, the proposed commutation, parole or temporarily written opinion outside of prison, shall be sent to the people's procuratorate. The people's procuratorates can put forward written opinions to the people's court or approved by the authorities. (the draft amendment to Article ninety-ninth, article 104th)

26Special procedures--: non prosecution of additional conditions required for minors suspected violations of human rights and democratic rights, infringement of property, prejudice and social management order, crime, may be sentenced to the penalty for a year, in line with the conditions for prosecution, but there is repentance, the people's Procuratorate may decide not to prosecute the conditional decision. At the same time, in order to make minor return to society better, set up a criminal record storage system.

27The special procedures, two part: reconciliation reconciliation in cases of public prosecution of criminal procedure law in a case of private prosecution has been specified. As the dispute in favor of resolving conflicts, the scope of application appropriate expansion of reconciliation procedures, will be part of public prosecution cases into reconciliation procedure. At the same time, in view of the seriousness of public prosecution in the state prosecution and punishment, to prevent the emergence of new injustice, on the establishment of such a new litigation system should be carefully grasp the scope of reconciliation procedures, can not be too big.

The draft amendment provisions, scope of reconciliation procedures applicable in cases of public prosecution is caused by civil disputes, alleged violations of human rights and democratic rights, infringement property crime, may be sentenced to the punishment of crime cases three years, as well as the addition of malfeasance crime may be sentenced outside prison punishment of criminal negligence cases below seven years. However, the suspect, the defendant within five years had intentionally the crime, do not apply for this program. And the provisions of the parties reached a settlement agreement case, can according to the defendant lenient punishment.

28Three, special procedures: the illegal income confiscated procedures for punishing crimes of corruption, crime of terrorist activities, the United Nations and the connection has joined with China's Anti-Corruption Convention and the relevant anti terrorist problem resolution requirements, the need for the proceeds of crime to take timely measures to freeze.

The draft amendment to increase provisions: for the crime of corruption and bribery, crime of terrorist activities and other major crime, criminal suspects, defendants wanted to escape, not in a year, or criminal suspects, defendants to death, in accordance with the criminal law shall be recovered and the illegal income and other properties involved in case, the people's Procuratorate may propose the confiscation of illegal income an application to the people's court. And set up the public security organs to the people's Procuratorate procedure and trial procedures of the people's court.

29The special procedures, four: mandatory medical treatment the criminal law eighteenth stipulation: the mental patient causes harmful consequences at a time when he is unable to recognize or control his own conduct, upon verification and confirmation through legal procedure, he shall not bear criminal responsibility, but his family or guardian shall be ordered to under strict custody and care; when necessary, by the government compulsory medical.

For public security, maintaining social order, the draft amendment to increase provisions: violence, endangers public security or serious harm to personal safety, the mental patient through legal procedures shall not bear criminal responsibility identification, continue to harm society possible, by the public security organs to the people's Procuratorate, the people's Procuratorate compulsory medical an application to the people's court, be decided by the people's court. And the trial procedure, legal aid and legal relief, compulsory medical relief and the supervision of the people's Procuratorate provisions.

30Criminal Procedure Law2012Other highlights overhaul in addition, according to the opinions, the draft amendment of criminal case evidence, proof standard, burden of proof, the bail pending trial and the supervision and management of residential surveillance, the defenders and agents ad litem right for challenge, the defender processing mechanism obstacle to exercise their litigation rights in accordance with the law and the appeal and accusation, jurisdiction of the intermediate people's court, the people's court trial period, the community correction enforcement provisions made perfect.