Recently, fade out of public view for a long time American former football star Simpson case for the amendment of PRC Criminal Procedure Law also often become the Chinese people. The ninety's of last century occurred in the USA Simpson case, after more than eight months, spent millions of dollars. Why the prosecution evidence full situation, Simpson can escape the French? The world Public opinion is seething with indignation., Chinese is more puzzling, which questioned the impartiality of the judicial system American.

In Anglo American law system, the program is regarded as "the heart of the law". USA Fourteenth Amendment to the constitution of "due process of law", is the most basic, the most widely USA law concept. There is a well-known "bugs" rules America law:"The noodles have a bug". This is a vivid metaphor: any person who finds a bug in his face in the bowl, he would never again to find only second, but went straight down the whole bowl of noodles. Also, even if the police to obtain a large number can prove that the evidence against Simpson, but as long as there is evidence, such as bloody sock is illegal, so all the evidence cannot be court. So, although the prosecution speak in excitement, moved a large audience, but did not let the jury. They in the past40After discussing the same hours, the defendant was innocent judgment. Procedural justice emphasizes the legitimacy of a program, sometimes would rather sacrifice the substantive justice, procedural justice should adhere to. The Supreme Court justices America Holmes think:"The criminals unpunished and government mean illegal behavior compared to sin, much less."In Holmes's view, the abuse of government power and judicial corruption overall harm to the state and society caused, far more than the ordinary criminals. This is like the relationship between water and water, water in qingyuan. The core and key is not constitutional law blindly use unscrupulous divisive tactics, severeness and speed against criminals, but should reform from the bottom, pay attention to the public power to procedural restrictions and balance, prevent law enforcement and the authorities above the law, the use of the hands of privileges and national dictatorship machine play the gangster, take away by force or trickery, damage a party, any oppressed no redress the common people. Anti government misgovernment than anti crime obstinate residents, prevent"Little thieves are hanged, but great one's escape"And the ruler will be still unpunished, hypocrisy"Legal system"Defects, is an important characteristic of American constitutional "rule of law" system design.

Some people say, one of the characteristics of judicial system is American"Would rather escape one thousand, can not be wronged One"This is very vivid. Through the case of Simpson, people pay attention to the judicial system, American attention to procedural justice and conclusive evidence of the facts of a case is much more than search and bring criminals to justice. If America judicial system to find the facts of a case, criminal suspects that ought not to have the right to silence. In fact, the core of the whole American constitution and judicial system is to prevent"Tyranny is even more to be dreaded than tigers"Is to pay attention to protecting the rights of citizens, and to follow the right procedures. American Supreme Court justice Douglas correctly pointed out:"The vast majority of the bill of rights provisions and procedures, it is not nothing. Is the program determines the most differences between rule of law and the rule of arbitrary or play fast and loose. Firmly abide by strict legal procedures, we can achieve is the main guarantee of equality before the law."

In Chinese traditional political, social and legal concept, there is no such thing as "legal procedure" appropriate. To resolve disputes depends entirely on the officer. As the saying goes, "reflected no officer first hit the three hundred plate" is not a program. Even if the praise of "justice Bao", with the justice of the procedure to measure is "the bag black". Chinese people why officer, is because the work without proper procedure, gourd monk judges gourd case. The "Cultural Revolution" can be said to reach the peak of perfection, President of Republic of China without the need for any program, have been detained and tortured to death. Until now hatred still occur from time to time. The case of Simpson's famous lawyer American, said Professor Dershowitz of Harvard University:"Most of perverting the law comes not from the verdict, but for the sake of program."This is he about program saying.

Right is precious, the program of higher prices. The constitution is the fundamental law, legal documents, not to a country beautifying effect. Constitution promises the people's rights are required to guarantee program. In order to further curb torture to extract confessions and other illegal evidence collection behavior from the system, safeguard judicial justice and criminal lawsuit participates in a person's legitimate rights, the amendment of the Criminal Procedure Act, make clear provisions on the exclusion of illegal evidence, and adds no person shall be forced to prove their crimes. This should be a great progress.