Long Yuanfu ":

       Don't expect to accomplish at one stroke, step in place, let China people immediately accepted and believed"Would rather let a number of bad guys, don't wrong a good man"SuchThe program first the spirit of the law and the rule of law;But can and should let everyone come to realize: public power is most in need of protection, without the supervision and restriction on the public power and the corresponding system guarantee, so the bad guys are more likely to be let go, people are more likely to be wronged.

    Chen Hongguo teacher can be said to be relatively a personality"The extreme "[in fact, just dare to speak the truth!? ]Chinese.In the aspect of personality,In the nextAndChen Hongguo teacher is quite similar, belong to the so far without stoppingRare "founder of Chinese"; heart from this article can find some clues, The writing mirrors the writer.. AboutChen Hongguo teacher personality traits,You will recognize as long as you want.

   I believe.

 

 

 

 

The thirteen interpretation of the new criminal procedure law

Skin and bone marrow -- "Criminal Procedure Law"

 

 

Chen Hongguo

                               

 

 The newly amended "Criminal Procedure Law" in2012Years3Month14In order to2639Votes,160Votes against,57AbstentionsThe result of the vote by, and will in2013Years1Month1Formal implementation. In the meantime, the detailed rules for the implementation of the relevant departments will pay close attention to the development of "Criminal Procedure Law". Before "the criminal law" and the implementation of the relative "quiet time", various controversial summed up the new criminal procedure law through the first cause, make objective and rational thinking and examine some of the problems in the new "criminal procedural law" in, it is necessary to.

One, progress and perfect points

 

Simple comb "Criminal Procedure Law" progress:

 1Legislation to comply with the requirements of the times, more standardized:

 1The term is more accurate, for example) the evidence in the "conclusion" to "expert opinion";

 2The expression more concise): if the original47A representation of much place directly to "the quality certificate and verified after" (No.59Article is concise and comprehensive,);

 3Some new names such as adding): "electronic data" as evidence;

 4) system more reasonable, such as the regulation of juvenile delinquency in uniform adjustment of fifth the first chapter; the spirit of the provisions of mandatory medical treatment as fifth parts with third chapters.

 2The law, more humaneFor example: no longer carry forward the "loyalty", provides the defendant spouse, parents, children can not testify in court (article188A); the provisions of the criminal reconciliation system; the conditions attached to the minor crime does not sue the system; the establishment of criminal record storage system.

 3To avoid ambiguity, application of lawFor example: the provisions on the evidence is sufficient conditions (article53A); the "social risk", lists should be arrested circumstances (article79A); "after the arrest shall immediately send" custody "; the death penalty review shall interrogate the defendant" and so on, are clear requirements.

  4Introduction of modern criminal proceedings, in accordance with the provisions of rule of law and the spirit of theSuch as lawyers: "have the right to privacy"; that the evidence is sufficient, joined the "provisions of the fact is beyond reasonable doubt" (53A); the exclusion of illegal evidence (54A); "no person shall be forced to prove their crimes"; the prison sentenced to control, probation, parole or implementation of crime, "shall be subject to community correction" (No.258A) etc.;

  5Summary of the experience and lessons, and related legal modified work, completed a series of system:

 For example, the exclusionary rule of illegally obtained evidence;

 Counsel to the investigation stage;

 Improvement of the procedure for review of death sentences;

 To expand the rights of lawyer;

 Strict conditions and procedures for examination and approval of arrest;

 The second instance trial regulations etc..

 The above "Criminal Procedure Law" progress, reflecting the Chinese criminal judicial practice over the years tortuous path of the process towards the rule of law, but also reflects the accumulation China criminal procedure law in theory and practice aspects, it embodies the legislators, legal practitioners, researchers, policymakers, the majority of people's experience and wisdom. These are worthy of course, but in the operation and practice, of course there are many places to be perfected. Compared with these advances, "Criminal Procedure Law" also has some weakness and problems of the provisions, outlined four point:

 1, lawyer perjury problem: "Criminal Procedure Law" article38The provisions on the crime of perjury not repeal and amendment, although will expand to "lawyer or any other person", but has little significance. As the legislative provision on the crime of endangering national security as, who singled out for emphasis, certainly belong to focus on governance or the object of attack. The provisions of the criminal procedure law to expand the right to counsel other provisions of the terms and the exclusion of illegal evidence in such terms, can not have the substantive implementation. Legislative thinking this particular discrimination lawyers lawyers, to be placed in jeopardy, does not conform to the criminal procedure law of the protection of human rights the basic purpose, become a serious bottleneck of the rule of law.

  2Illegal evidence exclusion rules: the establishment of the exclusionary rule of illegally obtained evidence is an important progress, but the legal liability of public works perjury but no specific provision; exclude how "correction" and "reasonable explanation" rules of scalability is too large, may leave space for illegal evidence; while for the collection of criminal suspects confession by torture to extract confessions ", not" method "and" expression, it is difficult to judge the threat, inducement practices on evidence flaw potentially even more serious effects.

  3Witness protectionWitness: the new criminal procedural law provisions to do more comprehensive and detailed trial for the protection of witnesses, but also left two flaws: one is the public power to the witness testimony damage obstacle is more important, but the lack of specific control; secondly, the62The provisions for the crimes of endangering national security, terrorism, organized crimes of the underworld crime, drugs, for the special protection of witnesses. But because the specified monitor related crime living, secret detention terms, this provision is very easy to the rights of the criminal suspects without access to basic protection to.

4The technical investigation, problemsThe new Criminal Procedure Law: special provisions applicable technical means of investigation, which in today's Internet electronic technology rapid development under the background of the times, is necessary, the irresistible trend, but may lead to the abuse of secret investigation and monitoring, a serious violation of the privacy of citizens and free. How to effectively restrict the investigative methods, is still a major problem need to further standardize. But in today's lack of independent judicial review of the situation, to strictly regulate the is difficult to achieve. In addition, according to the circumstances of the case, the technical investigation period may be extended for three months, no limit to the number of, this may mean, for the crime of endangering national security, even lifelong monitoring.

 

 

Two or three core issues

 

 

  I usually listed in our country in the new "criminal procedural law" the progress and shortcomings, but in all of these specific provisions, I think there are three core issues worthy of special analysis.

(a) about the respect and protection of human rights

 The criminal law article second explicitly written into the "respect and protect human rights", although many people cheering, butFrom the legislative technology, belonging to the specified mappingIn this sentence, because behind the insertion of a civilization, the original expressly states: "the protection of citizens' rights of the person, property rights, democratic rights and other rights", I don't know how to respect and protect human rights, in addition to the list of rights, also have what new content.

 Of course, in China,Write articles of human rights, after all, a means of attention, the human rights of the responsibility and commitmentThe effect, as2004Years of constitutional amendments to "respect and protect human rights" clauses, and clauses of the constitution implementation. But,The real implementation of the right, is not the main rights of the declaration, and to rely on the power of clear restrictions. Embodied in the legal provisions, the real security bill of rights, should focus on the negative regulation of public power is not what to do. You can think so, every law be affirmative covenants to right, can be said that there is no terms, such as China's constitution stipulates: "citizens of the people's Republic of China, published speech, assembly, association, parade, demonstration of freedom", in fact, to prevent the freedom realization public right behavior, and there is no limit, but need to the examination and approval procedures, as a result, these freedoms and rights will fail. In America constitution "rights", on the freedom of citizen, the first amendment clearly states: "Congress shall make no law establishing religion, no law prohibiting the free exercise; or abridging the freedom of speech and publication; shall not deprive people of peaceful assembly, to petition the government for redress, to express their dissatisfaction, right." Give an example of the constitution. Our constitution article thirty-sixth stipulates: "citizens of the people's Republic of China enjoy freedom of religious belief." Whether the meaning of this provision, to see whether the provision of assurance, and the article second which stipulates that "any state organ, social organization or individual may compel citizens to believe or not to believe in a religion, citizens shall not be discriminated against religious and non religious citizens." The second paragraph can be found, although is a guarantee mechanism of negative, but not qualitative, is aimed at the state organs (the Department), social organizations and individuals, in this way will weaken the violations of religious freedom rights subject, and to the third paragraph of this article, it stipulates that "the state protects normal religious activities. No one may disrupt public order, impair the health of citizens, or interfere with the educational system of the state of the religious activities." It seems to be justified, but this one is an affirmation of the state intervention of religion, on the other hand, restrictions on the freedom of individual belief. Three down, the real freedom of religious belief will be suspended.

 So,As the constitution of the "Criminal Procedure Law", its core is to protect human rights by restricting the public power, rather than through the punishment of the crime in the protection of human rights. In this standard, the provisions of "respect and protect human rights", if there is no strong constraints on public power, so the security even if not false, must also be ineffective."Criminal Procedure Law" fourteenth article that, "the people's court, the people's procuratorates and the public security organs shall protect the suspect, the defendant and other participants in the proceedings shall have the right to counsel and other litigation rights." This provision is indeed good, but the problem is, on the one hand, in the protection of the rights, public institutions should not become a protector, and should be limited. On the other hand, the rule is very broad, must through the specific terms of the implementation of the situation. For example, although the new criminal procedure law specifies the self incrimination, but also provides "the suspect of investigators question, shall truthfully answer." This is not a constraint of public power, safeguard the rights of action. That is to say, deprived of the right to silence, led to self incrimination become empty talk. In addition, many of the provisions in criminal procedure law has prescribed the public power may not do what the negative regulation, but for the public against the consequences of these Provisions, no punishment measures. For example, the criminal law article33Article2Paragraph, the case handling organ shall inform the criminal suspect, the defendant has the right to appoint a defender, but if the public authorities in violation of the duty of disclosure or period, no legal consequences of specific provisions.

 In a word, to limit the public power as the basis, in order to really protect human rights.But we saw in the "criminal law", there are variousBecause of not restricting public power and prevent human rights situation:

1Many terms, lack of negative regulation of public power clear;

2The public authority, vague language, lead to enforcement arbitrariness:For example, article72The provisions for "special case or the handling of cases, can be taken to" residential surveillance, but what is the special case or case?

3The protection of human rights clause, called many times too broad, no specific point;

4If the public power, violating the restrictions, not be the punishment of public power;

5, between protection and restriction clause sometimes against each other, resulting in useless;

6The lack of maneuverability, the safeguard clauseFor example: how to strengthen the protection of witnesses and the problem of system, it is difficult to implement; and as the object of legal aid and the intensity of the expansion, will increase the workload, have some impact on the criminal defense business, if you want to have operational needs, supporting system and further improvement of the law.

As we know from Wang Zhaoguo draft specification see, "Criminal Procedure Law" amendment aims to "further strengthen the punishment of crime and protection of the needs of the people", "perfect step by step in China's criminal litigation system". Although both theory and practice, the criminal procedure law should limit the public power, safeguarding human rights main goal is well aware, butThe criminal procedural law as constitutional, after all, is the faithful reflect a country's constitutional facts, and China's largest constitutional fact, is to maintain social stability and harmony.In this sense, written into the respect and protection of human rights, although to be sure, but don't expect too much. The provisions in the law of criminal procedure in China today, largely only have instrumental value, it is helpful to harmonious and stable social politics.

    Two Guan Yudi73Article

The controversial causes people fear the73Regulation: "for the alleged crimes against national security, terrorism crime, crime of particularly great bribery, in the shelter implementation may hinder the investigation, the approval of the people's Procuratorate at the next higher level or the public security organ, also can be in the designated residence execution." "The specified home residential surveillance, in addition to not notice, should be in the implementation of residential surveillance within twenty-four hours after notification under residential surveillance, the families of the people."

Around the focus of this article focuses on the following issues:

1, No.73The provisions specific to endanger national security, terrorist activities, particularly great bribery this three kinds of crime: you can specify home residential surveillance.This special provisions governing today revealed the three aspects concerned, explain them in ruling seems to present the most serious threat to the ruling order. Although the "Criminal Procedure Law" is a universal political demand to emphasize that this three types of crime, but in practice in the process of handling cases, the provisions of the relevant departments of the case is convenient, also by department interests oriented approach logical to open cut, this violation of civil liberties and rights obviously will greatly exceed the anticipation of the legislator.No wonder some researchers pointed out that this is the creation of a new type of coercive measures, "is essentially a stirring among the dry bones of expanded double and a review of" (Tong Zongjin).

2According to the "law of criminal procedure," article77The provisions specified period of residence, residential surveillance for up to six months. Since the new criminal procedure law has made clear as custody interrogation location requirements of detention (article83Article, article91And so on), that in order to avoid illegal torture, detention in standardization, controlled the direction of development, and this is precisely the lack of monitoring locations specified.As the designated home monitoring in disguised form deprivation of personal liberty living, entirely possible to torture to extract confessions and other illegal measures to the criminal suspect, and without any monitoring.Therefore, compared with the detained up to deprivation of freedom of three months long, here designated residential surveillance six months living, apparently contains even more dangerous, is known as the "black jails" is not alarmist.

3From the perspective of public power, configuration, specify the right to decide home residential surveillance and enforcement are the same subject (the public security organ or the people's Procuratorate),The lack of checks and balances on the lack of supervision, and also lack of effective control of the executive body, the public can be arbitrary. People naturally the "police state" trend so worried.To residential surveillance, at least not so urgent (if an emergency, of course, can be directly on the three kinds of criminal detention, arrest) but why make an unnecessary move to residential surveillance? Since not urgent, it by another agency to make a decision, what can not? We can only speculate, such a provision, but illegal law enforcement legitimate initiatives. Of course, some people would say, the old criminal law for residential surveillance and detention, decision is the public security organs, but it is not completely not absolve and avoid the question reason.

4,What is the harm national security?The definition of the right of public power is at hand. Ties in recent years occurred, such as activists report corruption, petitioners, online message or forwarded messages are encountered "be missing" case, can say, fall into the designated home residential surveillance law, will greatly exceed three charges of so-called. So, using this clause, will ultimately be reckless, impossible to control the exercise of power, always follow the maximization of logic. In addition, endanger national security is a pocket crime. Especially the inciting subversion of state power, in accordance with the provisions of the criminal law, "refers to the rumor, slander or any other means to subvert the state power or overthrow the socialist system, the behavior of." But in the judicial practice, we are not standard to follow certain. Although many developed countries under the rule of law also stipulates inciting subversion charges, but the freedom of speech of strict protection and judicial review system security based on the applicable standards, almost harsh, even make such regulations become a mere scrap of paper (for example, see the USA1957Years ofYatesCase and1969Years ofBrandenburgIn the case of strict trend). On the contrary, in here, but often in the name of maintaining stability, the provisions of this clause that expand continuously, become arbitrary deprivation of personal liberty in safe terrible swift sword.

5,What is unable to notice?First of all, in today's technically, actually does not exist can not notice.Even if no direct notice, can also through the publication indirectly notice.Secondly, not notice any sense?As he said, "the reality, one home in the morning, the night did not return, then have never been heard of since, family don't infer the reason? Notify the family of the so-called make too what help? Don't because don't tell so silly that the family vacation so no news? Legislation so provides, is clearly self discredit, let the national image, no significance to the investigation itself." Third, "unable to inform the suspect" has not informed the shelter situation, attention but from between public power and criminal suspects, grasp strength status information resource capacity, the advantages and disadvantages of investigation and analysis of the law enforcement is not standardized,More likely is the public power for various reasons excuses not to notice.Special provisions "can't notice", will definitely leave excuse for the investigation departments do not notice.

6So, would hinder the investigation: according to my common sense, a suspect suddenly disappear, whether he is a separate crime and common crime, objectively has caused a leak, the effect of act rashly and alert the enemy. Moreover"Judgment and discretion would hinder the investigation", also in the hands of law enforcement agencies.If no notice is objective, then the so-called would hinder the investigation, most rely on subjective. You notice or without notice, for the ongoing criminal or other suspect hidden escape, you are able to learn; with or without notice, most would hinder the investigation criminal suspects have been in control of the investigation organ. While the investigation process, in addition to controlling factors on the outside, no matter the interrogation or other means of investigation, also is the secret. In this sense, would hinder the investigation situation even if they exist, should be less and less; and in judicial practice, the probable result is just belong to this three kinds of crime, the name to "impede the investigation" don't notice, expand become inevitable.

 To sum up, the73For three kinds of special crime specified provisions home residential surveillance, bad law is in violation of criminal litigation "to respect and protect human rights" target, because it has no control or even encourage the danger of the abuse of public power. For such a provision, use simple compared with the old method of "progress" and not to its legitimate, I think it is more absurd. However, in order to evaluate the more objective and reasonable, I will briefly indicate that, even with the old "Criminal Procedure Law", article73The provisions of article also said that what the essence of progress is not.

 For everyone to73The widespread concerns about the article, some advocate that, compared with the criminal procedure law of the old,73The provisions of article is a great progress in protecting the human rights of criminal suspects, the reasons include:1The old law57There are provisions for residential surveillance "designated residence";2The old law, no train the three crime residential surveillance, so if under the old law, "suspected of crimes of endangering national security, terrorist crimes, major crimes of bribery", can only give a residential surveillance measures?3, put the three crime to residential surveillance rather than directly detained or arrested, this is loose and not strictly;4The old law of residential surveillance, simply does not require notification of family, namely the investigation organ for residential surveillance after you can never tell you the family. Now provides for notice, don't regress? 5In fact, the protection of the "double" to facilitate the inspection agency involvement, as the anti-corruption tool, is a national terms, even though the restriction of freedom of person not subject to legal supervision, is inconsistent with the rule of law, but it is only a transitional measure.

According to the five defense, I respond:

1The old law73The specified home monitoring calls, only to be "no fixed abode", and the new law in addition to the new increase of three kinds of crime even if there is a fixed residence also designated residential surveillance, which of course is reactionary;

2The three kinds of crime, in the old law, not only to residential surveillance view, but is a subjective assumption, the old law does not expressly say that this three kinds of crime can not be residential surveillance, as it did not show that the three kinds of crime only to residential surveillance;

3That specifies the severity, residential surveillance must than detention implementation house arrest to loose, it is no basis for. In practice, in recent years have repeatedly because of the secret place residential surveillance by torture abuse cases; legal, timely to the specification requirement for custody interrogation according to the requirements of the criminal procedure law, public right behavior visible specifies the maximum location monitoring is not supervised the uncertainty.

4The old method, since the basic requirements only in the home to residential surveillance, of course do not need to notify the family; and the old method for no fixed place of residence without notice, to a large extent can be included in the new law "cannot tell" category;

5During the transition period, because can lavish public statement, this cannot be the reason.At present, corruption and not shrinking trend based on the steady going, it appears that is not the short term can ease this transition, so it seems not to transition long; moreover, the transition does not mean that the emergency situation, how can it be violate the human rights excuse?

Three Guan Yudi83Article

Article83A: "in addition to not notice or suspected of crimes of endangering national security, terrorist crime notification would hinder the investigation of possible situation, should be in detention within twenty-four hours after notification, the detainee's family."

 Following on this clause interpretation:

1Many of the problems, the existence of two kinds of crime, including separately, detention time is too long, decision makers and execution of Ri Ichi, right, unable to inform the definition and impede the investigation of the issue, and the73The same, here no longer;

2Because the ", would hinder the investigation" as not notify the family of the basis, so this is a real secret arrest clause. Article73Tiao Hedi83The danger and harm to human rights, each with its severity:73The main risk is the secret location of the residential surveillance lack of supervision, resulting in uncertainty and abuse of state power may;83Although is detained in detention, the surface has a certain deterministic guarantees, but since has not notify the family, know how to arrest in where? SoThe danger is that the nature of civil secret missing.

3, detention in the country under the rule of law is only applicable to emergency arrest without warrant of arrest, but immediately after the need to re submit procedures, while the US detention directly into the conventional way of deprivation of liberty. Some scholars have been dedicated to the analysis (Yi Yanyou), the detention provisions unconstitutional, since the constitution only that "any person, not by a people's Procuratorate approved or determined, or by decision of a people's court, shall not be liable to arrest."1954Year draft constitution had emergency temporary rules of detention, but later removed.1979In criminal procedure law although the provisions of the detention, but it still belongs to the provisional disposal measures in case of emergency, but,1996Years after the amendment of the criminal procedure law due to the cancellation of the administrative measures for a review the formal legal system abroad, and the applicable object of such measures into the criminal procedure law, the public security organs temporarily limiting personal freedom of suspects to a longer term30Day. Count down, our country from the detention to arrest the shortest time3Day, the long time up to37Day.

4Some people believe1996The amendment did not show the specific charges detention can not notice, but now narrow, limited to two kind of charge, so is the progress. This claim has been refuted this, then representations. Universal serious violation of human rights and violations of human rights are not corresponding to the one one.Specifically listed the crime is often legislators focus on punishing crime, when such express provision of public power clear authorization, suspected of the two crimes suspects in secret arrest provisions under the stately, suffer more serious violations of human rights.Moreover, analysis of the investigative authorities right in front of us based on the definition, scope on the surface of secret capture narrowed, but on the other hand, according to the power stability of political judgment, scope of secret capture will be expanded arbitrarily.

5Seriously, as the personal freedom of a citizen clause, article83The provisions of article on the whole was too vague. Not only should have more clearly defined on the two charges, and even to all two charges, should also be combined with the80The provisions relating to the emergency detention for more subtle distinctions. The public security organs for illegal does not notify the legal liability should be stipulated in families; should be stipulated by the procuratorate and court on whether or not to notify the family for approval.

In a word,73Remote monitoring of the living, if applicable, can cause long-term custody in disguised form, torture to extract confessions are difficult to supervise. While83A "no notification of family", if the abuse, will cause a lot of citizens missing event. Although China has not joined "CED Convention", but here, combined with our country's Criminal Procedure Law73Article,83The present situation, I think it is necessary to list a few terms from the Convention, let you feel the reason why we must on the secret detention of violations of human rights to be of sufficient vigilance, also to understand through the rule of law to defend human rights, we still have a long way to go:

First, "no one shall be subjected to enforced disappearance", "in any case, whether it is in a state of war or a threat of war, domestic political turmoil, or any other public emergency, may be invoked as a justification for forced disappearance."

Article second: forced disappearance "means the state agent, or a person or organization authorized by the state, support or acquiescence, arrest, detention, kidnapping, or in any other form of deprivation of liberty, and refused to admit the truth of deprivation of liberty, hide missing fate or whereabouts of the missing persons, can't get the protection of the law."

Article fourth: requires signatories "to ensure that in its criminal acts of enforced disappearance as crime."

Article fifth: "enforced disappearance behavior, constitute crimes against humanity relevant international law as defined by the."

Article second paragraph sixth: "public authorities issued any civilian, military, or other aspects of the orders or instructions, shall not be invoked to justify an offence of enforced disappearance."

 

 

Three, overall evaluation on the amendment of the Criminal Procedure Law

 

 As the first part and the second part of the analysis discussion, a basic problem involves here I want to say: the overall evaluation and modification of the criminal procedure law. If you want to say that progress, "Criminal Procedure Law" is certainly progress, even if the progress that are not, we For decades, the construction of rule of law, including legal education, not all white toss. But I want to,Evaluation of progress, there must be a whole rather than isolated, solitary eye.And this progress Is it right? Pay lip service thing? Progress in addition to the longitudinal time is also to be included in the standard of comparison with other method of transverse domain? Progress is the only to the old law comparative evaluation to combine the situation of judicial practice to judge? Don't this progress, it can be impossible, for greater who hurt? More importantly,When other aspects of a society, such as civic life dignity and rights consciousness has fifty step one hundred step progress, our legal defense of rights but only progress a few step ten step, this is not progress?We can not be slaves to the standards should promote human laws?

 So, I prefer to look at the criminal procedure law by bag and bone marrow metaphor changes. In the flesh, we do have a lot of progress and consensus, but unchanged this progress and bone marrow, not worth celebrating. The core of bone marrow of China's "Criminal Procedure Law" is to maintain social harmony and political stability of ruling order. This point is not changed. "Criminal Procedure Law" in the bladder progress may reflect the management technology to improve, with core interests in favor of the bone marrow. Moreover, we also must admit, such as governance law, in turn to expansion of public control, for those who try to through legal word games and put up a pageantry for the public to practice, will create the necessary pressure. So,The old bone marrow support skins if only as a decoration, the room will be more and more cramped space. This is reassuring, but also our country democracy and the rule of law will be how to develop with the minimum cost concerns.

 So, in the face of "Criminal Procedure Law" has been the fact, in the face of any law can not be perfect, important is what can we do? I think as a social citizen, everyone can be different from the identity point of view, to make some efforts, establish some ideas:

1,From the legislative, static, attention to judicial paper thinking, dynamic thinking, attention to action.Don't put too much illusion in legislation, and should begin to defend each specific rights, let the public power and earnestly fulfill the "criminal law" provisions, follow the procedure justice, gradually changing China society "Discourse" and "practice" splitting phenomenon;

2, both scholars, legal person or a civilian,In compliance with the law at the same time, make a critical and reflective serious about problems in the law, the basic spirit of criminal procedural law of criminal procedure law may be improved, is a responsible attitude.Critics have no theory of arrogance, but justice practitioners also cannot have the practice of arrogance, but should believe in the criminal procedure law can be implemented, can get better;

3Lawyer, as Yang Xuelin said, to have the courage and wisdom to play the role of lawyers, the main task is to "sike",Today's law occupation status change, must be based on the right step by step for the foundationIn the process, is to direct and public defense, expose and trample the law the behavior of the program, the real implementation of the criminal procedure law of rights conferred. This can be hard to space is really great. The lawyer as the main body of the legal occupation people grow, is the healthy development of society the most reliable force.

4, in this process, so that the whole society slowly by torture v. the spirit of law and custom, so that people understand that the criminal law is not only a crime, more important is the limitation of public powers, the safeguarding of human rights. Of course, China social custom of substantive justice based on the long-term, so can't step let people to accept the "would rather let a number of bad guys, don't wrong a good man" process oriented spirit, butCan let you slowly realize, public power is the need to guard, without supervision and restraint and the system of public power protection, so the bad guys are more likely to be let go, people are more likely to be wronged.Not only the private right is violated, the public power will eventually reap what one has sown. One-sided emphasis on the pursuit of substantive justice, regardless of procedural justice, finally draw water with a bamboo basket;

5, be aware of, a fundamental change in the criminal procedure law, the change on the judicial system reform and the political environment. So,On the one hand to see the problems and difficulties, on the other hand, also need not too pessimistic.If the democracy and the rule of law in the climate changed, many of our concern now terms may also have no what, become meaningless; if the environment is becoming worse and worse, then the "Criminal Procedure Law" promised better, trampling on the dignity of law and the rights of things will continue to happen.

  In short, the support of the system is also in the change, also is the people. I believe that today's Chinese, the feelings of the atmosphere is becoming more and more rational, tolerant and mature. The slow accumulation of right consciousness, people change, will enable us to become a cherished free nation. However.In the present environment and conditions, we can look forward to and efforts to promote, is every citizen has reason to appeal to the "right" to be sensitive, but not for violations of the rights of behavior become numb. Rights and freedom is never given, especially not a public power has to offer, they originally belong to our own talent and not be deprived of all.

  After all, we are not in the critical legal, but to defend the law.