China had the defendant's defense right written into the constitution, and along with the increase of people's consciousness of the rule of law and the building of the legal system, the rule of law and the protection of human rights are enshrined in the constitution, the criminal procedure law in my opinion the human rights protection law is minimal, as some scholars said, it should be a department of civil rights law rather than the rule of civil law, especially in our country has been the existence of "bad traditional heavy entity, light procedure", truly achieve both physical and procedures must be "legitimate overcorrect" -- the more emphasis must be placed on the program can achieve both goals, criminal procedure law as a procedural law, the legislation is directly related to the safety of every citizen's life, liberty and property, should be with the rule of law in our country gradually improve the level until fully justified then the greatest degree guarantee fairness and justice.

To some extent, no procedural justice, substantive justice is meaningless (this expert argumentation, also prove that, for historical this not verbosity). Since the Civil Rights Act, in the rights protection must be given to suspect, defendant, the defenders to relief rights, or rights equal to a mere scrap of paper, from a human rights perspective, the rights not required, it is because these talents to guarantee human rights, it is needed to work out laws, only need to provide relief right, because "no relief, no right, no right, no law"!

As the saying goes "the river becomes warm in spring duck prophet", is mainly engaged in the criminal trial of the Nanjing military region two military court of military justice I worked for more than 7 years, and worked as a lawyer for more than 7 years, has more than 1/3 lawyers in criminal defense, the shortcomings of the criminal procedure law in particular defects in the security the suspect, the defendant's rights and the right of lawyer on a more personal feelings, we combined with practice of its proposed the following amendments.

1 should be written in "the protection of human rights"

The draft amendment first: "in order to ensure the correct implementation of the criminal law, punishing crimes, protecting the people, safeguarding state and public security, maintaining the socialist social order, according to the constitution, this law is enacted."

Advice is amended as: "to safeguard human rights, and ensure the correct implementation of the criminal law, punishing crimes, achieving procedural justice and substantive justice, improve the efficiency of the proceedings, in accordance with the constitution, this law is enacted."

Reasons: first, such as the protection of human rights has been written into the constitution, human rights protection law, as a minimum, should be more explicitly written into the protection of human rights; two, one of the essence of law is to limit the public authority, protection of civil rights, and the important way to limit is set strict procedures, to the best target program, both entities, must emphasize the procedural justice, procedural priority, the protection of human rights, procedural justice in front; three, "late justice injustice", but in practice the case dragged on, meet the eye everywhere of extended custody situation, in order to solve this problem must also be written to improve the efficiency of the proceedings, and justice and efficiency is the basic value orientation of justice.

2 death cases shall be three tiered system

The draft amendment tenth: "the people's court cases, the two-tier trial system".

Advice is amended as: "the people's court cases, the two-tier trial system, but the first trial of defendant in death penalty cases, the implementation of three tiered system."

Reasons: first, although the principle is the exception, the death penalty review procedure as an ordinary program exception has been in existence for 30 years, but the procedure is not litigation procedure, is clearly contrary to the basic principle of action: that they appear in public defense, neutral in judgment, it is. Two, due to the concept of people-oriented, respect for fundamental principles of life, the death penalty once the objective situation is not remedied, the program must be further improved, to minimize the error mistake. Three, the feudal society to the emperor decided to check out the death penalty, reflecting the state of deprivation "criminals" life carefully, the Supreme Court withdrawing the death penalty approval authority is undoubtedly correct, but apparently not enough, it should take the opportunity to modify the procedure. Four is a simple repair, not enough to stop the selective law enforcement, Chongqing to Fan Qihang as a "black dick", counsel submitted the case handling organ may be suspected of torture to extract confessions evidence, defendants request appointment judge personally listen to defending opinions have not been the Supreme Court's response, complete set its own rules alone, without proper the program, what to talk about justice? Shenyang hawker Xia Junfeng homicide in the death penalty review case, the current condition of the system is sufficient to prove the required increase in hearing procedure is how justifiable and necessary, the Supreme Court is still only unilaterally to defence lawyers, but not the Supreme Procuratorate staff court of summer should be approved to death.

3 the criminal suspect's right of defense shall guarantee

The draft amendment eleventh: "the people's court cases, unless otherwise prescribed in this law, shall be heard in public. The accused has the right to defence, the people's courts shall have the duty to guarantee the defendant to defence."

Suggestion: "the accused has the right to defence, the people's courts shall have the duty to guarantee the defendant to obtain public defence." Changed to: "the suspect, the defendant has the right to defence, the investigation organ, people's Procuratorate, the people's courts shall have the duty to guarantee the suspect, the defendant to defence." And moved to the first paragraph of article fourteenth, the other sections of the corresponding adjustment.

Reasons: first, the criminal suspect shall have the right to defense and the public authority to guarantee its defense to win, but also with the revision of the suspect during the investigation stage can entrust a lawyer to adapt. Considering the investigation organ in our body diversity, in addition to the public security, also includes the state security organs, the customs anti smuggling police, the security departments of the army, border police, so try to use the investigation organ appellation, other method this method in the title should also try to unify. The two is, "Li Zhuang case", "Beihai case" and other parts of the black case, lawyers meet the defendant in trial stage by blocking, shows only the court to ensure the right to defense is not enough.

4 "not" innocent "clause

The draft amendment twelfth: "without the approval of the people's court to sentence, no person shall be found guilty".

Advice is amended as: "without a people's court according to law before the judgment, to any person shall be deemed to be guilty".
At the same time increase second "except as otherwise provided in law cases, anyone who does not need to prove his innocence."

Reasons: first, the original provisions is the actual court has convicted the definition of right, and the presumption of innocence is not the true sense of the, and the modified content is clear in the final judgment or to anyone, including the defendant shall be regarded as guilty true "presumption of innocence" reflect, thus, can greatly reduce the number of pretrial detention, but also reflects the protection of human rights. The two is, not from the card innocence is the legal principle prevailing in the world, but also the basic requirements of the protection of human rights, should be written in the law, and the first from the different sides to reflect. "Except" except as otherwise provided in law mainly refers to the specific situation of huge amount of property of unknown origin, crime, criminal suspects, defendants prove the legitimacy of property source, the implementation of behavior to the case handling organ.

5 intermediate people's court jurisdiction

The draft amendment twentieth: "the intermediate people's courts shall have jurisdiction over the following criminal cases of first instance: (a) cases endangering State security; (two) the ordinary criminal cases punishable by life imprisonment, death penalty; (three) criminal cases involving crimes committed by foreigners."

Advice is amended as: "the intermediate people's courts shall have jurisdiction over the following criminal cases of first instance: (a) cases endangering State security; (two) the ordinary criminal cases punishable by life imprisonment, death penalty; (three) criminal cases involving crimes committed by foreigners; (four) the area have a major influence on criminal cases."

Reasons: first, some so-called shehei cases, involving the defendant more than twenty people, dozens of people, caused a great impact in the intermediate court within its jurisdiction, such provisions are under the jurisdiction of civil procedure law, and the law twenty-first high court shall be in conformity with the provisions and coordination. Two, the accused person Department cadres, according to the prosecution's investigation of municipal level shall be under the jurisdiction of procuratorial organs investigation, in order to ensure that in the area the rule "and correct", intermediate people's Court of final "done" (and actually exists controversy, even wrong conviction), this should be transferred to the procuratorate prosecution review is given by the district procuratorate investigation to the district court, violations of the legitimate rights of the defendant, but also unfair. Changzhou city public security bureau organization investigation I have for Fu Qiang, Fu Dan, Zhou Qi, 21 people suspected of triad gangs, deputy director of Yangzhou City Foreign Trade Bureau Wang dividing the state-owned assets case is so, were placed respectively (instruction) in the Wujin district court, Hanjiang District court.

6 jurisdiction objection procedure

Suggestions: add a draft in the second chapter "jurisdiction" in: "the criminal suspect and defendant have jurisdiction of the investigation organ, people's Procuratorate, the people's court challenge, the investigation organ, people's Procuratorate, the people's court shall make a decision, ruling within five days from the date of application for receiving the complaint, the criminal suspect and the defender is not satisfied with the decision, ruled that the proposed reconsideration, appeal." Other laws according to order to make corresponding adjustment.


The reason: because no jurisdiction investigation cases are often encountered in practice, the court because of the judicial committee members to discuss and decide the case (in the judicial committee has not been removed, and the committee will discuss the case should be stated in the judgment, or the fact that deprive the defendant apply for withdrawal) the avoidance situation requires, the lawyer can put forward objection to jurisdiction, but the court has no legal basis for ruling (generally a verbal ruling and law ruling does not refer to as the basis, in fact also not be law quoted), parties and lawyers have no legal basis for an appeal, and due process in criminal procedure is must guarantee the. If I in the Gulou District Court, Nanjing intermediate people's Court of Nanjing city for the Zhu Zaoyang homicide (because the Gulou District Court Judicial Committee discussed the case, the court remanded in Gulou District Court should be the avoidance should not be re jurisdiction), drug trafficking in Lianyungang City Intermediate People's court for the Tang Dingli case (because down suspected of selling drugs the transaction, money, raise transaction objects are not in Lianyungang in Shenzhen, Lianyungang City public security, procuratorial, judicial practice all have no jurisdiction) is. So is the Li Zhuang case second season.

7 defense lawyers the right to apply for withdrawal and the mechanism of internal control system in the "to avoid"

The draft amendment to Article twenty-eighth: "any of the following circumstances judges, prosecutors, investigators, shall voluntarily withdraw, the parties and their legal representatives shall have the right to request him to withdraw: (a) is a party to the case or a near relative of the party; (two) interested himself or his close relatives and the case; (three) served as the case of the witnesses, authenticators, the defender, agent ad litem; (four) other relationship with a party to the case, which may affect the impartial handling of the case."

The proposed changes to any of the following circumstances: "judges, prosecutors, investigators, shall voluntarily withdraw, the parties and their legal representatives, the defender has the right to request him to withdraw: (a) is a party to the case or a near relative of the party; (two) interested himself or his close relatives or his colleagues and the case; (three) served as the case of the witnesses, authenticators, the defender, agent ad litem; (four) the investigation, prosecution, adjudication personnel participated in any case handling procedures prior to the next case handling procedures; (five) other relationship with a party to the case, may affect the impartial handling of the case."

Reasons: first, to legal excuse, because the suspect, the defendant is not known, familiar with the law, the defendants have the right to put forward, and the practice is also allowed to counsel. The two is, if not for the above increase, is mutual constraints, internal control will lose its significance, the basic meaning of the rule of law was "no man is allowed to be a judge in his own case," the objective of human nature, his colleagues decided to participate in a program of investigators to participate in the next case handling procedures must maintain its previous procedures in handling the maintenance colleagues, colleagues, the unit's interests, it should apply the principle of avoiding. Three, it is the Supreme Court mature judicial challenge system ("judicial interpretation of the Supreme People's Court on the judicial personnel strictly enforce the provisions of the avoidance system") into the code, although the Supreme People's Procuratorate, the Ministry of public security has not made the corresponding similar provisions, but the principle is the same. If the case remanded for retrial, the court shall form a collegial panel, but prosecutors did not change, the public prosecutor as the collegial panel represents the courts can not become the need not evasive reason on behalf of the state. In practice, the public security, procuratorial, judicial organs or the organs of the staff as victims, the conflict of interest between parties (such as Shanghai Yang Jia homicide, Chongqing Li Zhuang testify, perjury, etc.) by the party to the conflict of public authority handling is apparently lack of legitimacy, should be avoided, the overall challenge is also the unit, and the Supreme Court judicial interpretation in the court of jurisdiction for avoidance but not the case is the same reason.

More than two people and 8 allowed to entrust multiplayer defense

The draft amendment thirty-second: "the suspect, the defendant in addition to exercising the right to defend himself, also may entrust one or two persons as his defenders. The following persons may be appointed as the defender: (a) law; (two) recommend people groups or criminal suspects, defendants unit; (three) the suspect, the defendant's guardian, relatives and friends. In accordance with the law are under criminal punishment or deprivation, restriction of personal freedom of the people, shall not serve as defenders."

Advice is amended as: "the suspect, the defendant in addition to exercising the right to defend himself, also can entrust or by their relatives and friends entrust one or several persons as his defenders, but several defenders to investigative, procuratorial organs to submit a written defense opinions, appearing for the defence of no more than two people. The following persons may be appointed as the defender: (a) law; (two) recommend people groups or criminal suspects, defendants unit; (three) the suspect, the defendant's guardian, relatives and friends. In accordance with the law are under criminal punishment or deprivation, restriction of personal freedom of the people, shall not serve as defenders."

Reason: the provisions of the department authorized norm, hire people defend the case, that exist in the practice of major cases, investigation, procuratorial personnel to dozens of people, tens, hundreds of the files in the original article, actually does not prohibit commissioned more than two defenders, but the authorities are expanding interpretation hire the defenders of no more than two people, limiting the two defense is obviously not conducive to the crime suspect, accused person to exercise the right to counsel fully, so modifications.

9 increase the illegal consequences of the case handling organ did not inform the right of Defense

The draft amendment thirty-third: "a criminal suspect is interrogated by investigation organ for the first time or to take coercive measures to date, has the right to entrust defenders. In the period of investigation, can only be entrusted lawyer. The investigation organ to take coercive measures of criminal suspects in the interrogation of a criminal suspect or the first time, shall inform the criminal suspect has the right to entrust defenders. The people's Procuratorate after receiving the case transferred for examination before prosecution within three days, should inform the suspect has the right to entrust defenders. The accused has the right to entrust defenders at any time. The people's court after accepting a case of private prosecution, within three days, should inform the defendant has the right to entrust defenders. The defenders by criminal suspect, defendant after commissioning, it shall timely inform the cases handled by the judicial organs."

The proposed changes to: increase a "investigation, procuratorial, judicial organs did not inform the criminal suspect, defendant's right to defense, then making the interrogation record should be excluded as the illegal evidence."

Reason: it is an important measure to defend the right to assure the realization of the public authority, and the modifications to suggest that the first paragraph of article fourteenth coordination content, are also consistent with the Supreme Court on the judicial interpretation of the exclusion of illegal evidence.

10 defense lawyers right of investigation and evidence collection, and give its proposed to withdraw the case opinions and reasons of rights to the investigation organ

The draft amendment thirty-sixth: "defense counsel in the investigation period can provide legal assistance for criminal suspects, represent appeal and accusation, may apply to the investigation organ about the crime suspect guilty and cases."

Recommendations: "defense counsel in the investigation period can provide legal assistance for criminal suspects, may conduct investigation and evidence from the relevant units or individuals, the appeal and accusation, may apply to the investigation organ about the crime suspect guilty and case, can put forward to withdraw the case opinions and reasons to the investigation organ."

Reasons: one is to increase the lawyers right of investigation and collecting evidence, is the need of adversarial system gives the suspect the right of defense, defense right. The two is, in fact the defenders of investigation and evidence collection. Such as whether the suspect has the status of national staff, the defenders can investigate to the relevant departments of industry and commerce, the unit of evidence. Procuratorial organs affected by profit driven, in the knowledge that the suspect is the non national staff bribery case also, bribery investigation, prosecution by the public prosecution department until after the change of accusation for non national staff bribery, embezzlement to the courts, this is obviously an abuse of the right of investigation behavior. I am the Nanjing Xiaguan District procuratorate prosecution of Gong Qifei bribery case, Nanjing Gulou District People's Procuratorate prosecution Lin Yi embezzlement case is so?. Three is clear, since during the investigation of criminal suspects the right to defense, participate in the lawyer is a defender, then understand the charges and circumstances of the case, the purpose is to exercise the right to counsel, to exercise the right to counsel will undoubtedly need to investigation and collection of evidence is the premise to the investigation organ, put forward to withdraw the case nature is also the exercise of right to defense should have meaning.

11 increase to meet criminal suspects rights of lawyer security

The draft amendment thirty-seventh: "the defense lawyer may with the criminal suspect in custody, meet and correspond with the defendant. Other defenders, with permission of the people's court, the people's Procuratorate, may also with the criminal suspect in custody, meet and correspond with the defendant. Defense lawyers the lawyer's practicing certificate, proof of lawyers and legal aid attorney or letter requesting a meeting with the suspect, the defendant in custody, detention house shall arrange to meet, not later than forty-eight hours. Defense lawyer meets with the criminal suspect in custody, the defendant, can learn about the case, to provide legal consulting; since the case is transferred for examination before prosecution date, may apply to the criminal suspects and defendants, verify the relevant evidence. Defense lawyers met the suspect, the defendant is not to be monitored."

Advice is amended as: "the defense lawyer may with the criminal suspect in custody, meet and correspond with the defendant, video call. Other defenders, with permission of the people's court, the people's Procuratorate, may also with the criminal suspect in custody, meet and correspond with the defendant, video call. Defense lawyers the lawyer's practicing certificate, proof of lawyers and legal aid attorney or letters have right to meet the criminal suspect, the defendant, a detention house shall arrange for the meeting. Defense lawyer meets with the criminal suspect in custody, the defendant, can learn about the case, to provide legal consulting; since the case is transferred for examination before prosecution to date, criminal suspects, defendants and verify relevant evidence to show. Defense lawyers met the suspect, the defendant is not to be monitored."
At the same time, increase the "the defender to meet and detention without immediately arrangement, lawyers to departments, the procuratorial organs complaints, and put forward rectification opinions, departments, procuratorial organs should be within ten days to investigate and verify the corrected after receiving complaints, shall be given administrative sanctions shall be investigated for criminal responsibility or the negligence the responsible person should." As the fourth paragraph.

Reasons: one is the original meaning, communication should include written communication and by phone (telephone), Internet video, information communication mode, that is to prevent the public power authority is limited to the written letter of communication, and communication is more direct, convenient communication, meeting, compared with correspondence to greatly save communication social cost, to prevent collusion, the implementation should be based on the criminal suspect, defendant calling lawyers, video call, video call way (and the detention center can monitor but not listening), which is made to have superior consciousness. Two, 48 hours of restrictive provisions are clearly more lawyers law backwards, obviously belongs to illegal behavior, the detention center as a neutral institution shall, no reason not to arrange, and shall arrange for the. Three, as a restrictive interpretation or other dispute in order to prevent the procuratorial organs, clearly show evidence, verify the evidence. Four is not arranged to meet, for there must be consequences of sanctions. No sanctions, it is not specified. The management personnel must shall request the public security investigation department of breach of privilege, not even to arrange, or a lawyer must be in the "team", accompanied by the investigators met (such as Li Zhuang, Beihai case, in other parts of the black case), it is understood, some kind of case, the Supreme Court review procedure of death penalty the Supreme Court arraignment, need "as" approval, completely ignoring the Supreme Court's judicial authority and credibility! Four, write the "authorities" instead of the public security organ hand because the army detention system security department supervisor, on the other hand is for the future of judicial departments to leave space. To the procuratorial organs complaints because it is the legal supervision organ, and the procuratorial personnel are stationed in.

12 guarantee lawyers met with the crime of endangering national security, terrorism crime cases, major bribery crime criminal suspects rights

The fourth paragraph of the draft thirty-seventh Amendment: "endangering national security crime, terrorist activities crime, bribery crime in the period of investigation, lawyers to meet with the criminal suspect, it shall obtain the permission of the investigation organ. For these cases, the investigation organ shall notify the. The defense lawyer with the criminal suspects, defendants met, communication, provisions of the first paragraph of this article, paragraph third, paragraph fourth."

Suggestion: delete "joint crimes of endangering national security crime, terrorism crime, serious bribery, in investigative counsel to meet with the criminal suspect, it shall obtain the permission of the investigation organ. For these cases, the investigation organ shall notify the." Or at least, delete "major bribery crime". At the same time, delete "defense lawyer with the criminal suspects, defendants met, communication, provisions of the first paragraph of this article, paragraph third, paragraph fourth."

Reasons: one is the violation of any person, enjoy the right to defend the constitution. Two is a lawyer, law is a throwback, lawyer law has no provisions. Three, the three category of cases without a justifiable reason to limit the lawyer help rights for parties, delete the original cases involving state secrets to explain the three case does not give the parties the right to defense is improper, if starting from the protection of national security level, at least no reason to "major bribery crime" in such cases, because in any case can not affect the national security. Four, can not be regressive, counsel met with criminal suspects do not need approval, and in the draft amendment seventy-fifth increase "criminal suspects, defendants and defendants will not need approval." as second.

13 Security Law refer to all the case materials, copy right

The draft amendment thirty-eighth: "lawyers of the people's Procuratorate date, consult, extract, copying of the case material of the facts of the crime. Other defenders, with permission of the people's court, the people's Procuratorate, may also consult, extract, duplicate the above mentioned material."

Advice is amended as: "the lawyers of the people's Procuratorate date, can access, copy, excerpt, photograph, scanning to obtain all the materials involved in the case. Other defenders, with permission of the people's court, the people's Procuratorate, also can obtain the material."

Reasons: first, to defend the full exercise of the right of defense, but also the promotion of justice, is the need to prevent the procuratorate, the court the abuse of discretion. Practice has met the investigation organ, procuratorial organs will purposely the defendant not guilty, guilty evidence implicit rather than the. Two, there are a variety of means of copying, by listing, in order to prevent the abuse of the right to limit in some places. As I in Jiangsu province high court copy materials, allows photo copy, but to the Changzhou intermediate people's court copy materials, they are not allowed to take photographs copy.

14 relief way lawyers for obtaining of evidence for rejection

The draft amendment thirty-ninth: "the defender believes in the investigation, prosecution, public security organs, people's Procuratorate collected during the prove the criminal suspect, defendant not guilty evidence not submitted, may apply to the people's Procuratorate, the people's court to obtain relevant evidence."

Suggestion: increase the people's Procuratorate, the people's court "the receipt of the application within seven days from the date of decision should be made whether transferring, decided not to take the reasons shall be explained. If no explanation, no decision should be obtained or without called, defenders can complain to the relevant departments, the relevant departments shall investigate and verify within ten days from the date of receiving the complaint, be given administrative sanctions shall be investigated for criminal responsibility or duty of responsible personnel." As the second paragraph.

Reason: only for the right is not enough, do not take, do not reply should remedy.

15 from the defender will collect the innocent or not bear criminal responsibility of evidence to inform the public security organs, people's procuratorates obligations

The draft amendment fortieth: "about defending suspects were collected not at the scene of the crime, does not reach the age of criminal responsibility, mental patients do not belong to the criminal responsibility of the evidence, it shall timely inform the public security organ, the people's procuratorate."

Suggestion: delete the content, other each adjusted in sequence.

Reason: this one is wrong, lawyers are under no obligation to do so, is reflected in the legislation of injustice, according to the progress of the case, the lawyer has the right to decide whether to need to inform inform such evidence, because in essence is to exercise the right to counsel; inform existing investigative agencies therefore crime does not constitute and collect it crime evidence of the possibility, but not conducive to the criminal suspect.

16 security lawyer investigation of evidence and the application of investigation and evidence collection rights

The draft amendment forty-first: "defense lawyer with the consent of the witnesses or other relevant units and individuals, can collect information pertaining to the current case to them, can also apply to the people's Procuratorate, the people's court for the collection and obtaining of evidence, or request the people's court to inform the witnesses testify in court. Defense lawyers with permission of the people's Procuratorate or the people's court, and the victim victims or their close relatives, provide witness agree, can collect information pertaining to the current case to them."

Advice is amended as: "the defense lawyer may collect the units and individuals related to materials related to the case, can also apply to the people's Procuratorate, the people's court for the collection and obtaining of evidence, or request the people's court to inform the witnesses to testify in court. The people's Procuratorate, the people's court from receipt of the application within seven days from the date of decision should be made whether transferring, decided not to take the reasons shall be explained. If no explanation, no decision should be obtained or without accounting, lawyers can be complaints to the relevant departments, the relevant departments shall investigate and verify within ten days from the date of receiving the complaint, be given administrative sanctions shall be investigated for criminal responsibility or duty of responsible personnel."

Reasons: first, the draft amendment fifty-first since clear "the relevant units and individuals shall provide truthful evidence", so, the same survey lawyer without witnesses or the relevant units to agree, because it is in order to find out the facts of the case. Two, should be consistent and coordinated with the lawyers law, should not be back. Because the law stipulates clearly that the thirty-fifth lawyers practicing certificate and proof by firms to the relevant units and individuals, investigation and evidence collection. Three, limit law justification for investigation and not enough to the victim, the victim's close relatives and "the witness.". Four, should stipulate the lawyer for obtaining of evidence, notify the witness to testify in court relief right.

17 the lawyer witness, prevent perjury provisions.

The draft amendment forty-second: "defense or to any other person, shall help the criminal suspects, defendants to conceal, destroy or falsify evidence, or collusion, threatening, luring witnesses to give false testimony or conduct other acts of interference proceedings of the judicial organs. In violation of the provisions of the preceding paragraph, shall be investigated for legal responsibility according to law."

Suggestion: delete the article.

Reasons: one is, not shall not effect to article 306th of the criminal law shall be investigated for the responsibility of the counsels. This is clearly embodied in article 306th of the criminal law in the criminal procedure law, the criminal law 306 controversial and the current situation is not cancelled, shall be prescribed by the opportunity to modify a criminal procedure law and criminal law. The content of the same. Obviously, both the defender or the public prosecutor, the case handling personnel shall have the law, the provisions of this act, compared with the public prosecutor, law, public security, procuratorial personnel undoubtedly testify, perjury, obstruction of a much larger percentage chance, because the public security, procuratorial personnel often at the same time the investigation of criminal suspects, witnesses or Co, more easily leak case, means, collusion, evidence, evidence string, easier to perjury, obstruction of witnessing, not illegal responsibility and individual responsibility for their illegal defender or only for public security, procuratorial personnel torture to extract confessions after fruit (no doubt also obstruct, perjury testimony the consequences of illegal liability legislation) the obvious unfairness. The two is, in fact the defender raises the requirement is inconsistent with the judicial ethics, adversarial trial mode reform is inevitably the defenders try their best to help the defendant to hide the evidence (such as guide the criminal suspects and defendants, evade the crucial point, refused to confession, as a false confession, this also is the suspect, the defendant must logic against self incrimination). The three is, seducing witness perjury is shall give sanctions, but in the criminal law on it. Four, the revision, the next revision will also need a very long time. If the amendment of criminal law to discuss cancel 306th, not because of the criminal law is the provision to contain, or more difficult to cancel the article 306th of the criminal law.

The realization of the 18 security lawyer occupation moral

The draft amendment forty-sixth: "and the information about the client lawyer known in practice, have the right to keep confidential. However, lawyers in the practice activities, aware of the client or other people, or are being implemented to endanger national security, public safety and serious endanger the personal safety of the crime, the judicial organ shall timely report to."

Advice is amended as: "the situation and the information about the client lawyer known in practice, shall keep confidential." Delete "however, lawyers in the practice activities, aware of the client or other people, or are being implemented to endanger national security, public safety and serious endanger the personal safety of the crime, the judicial organ shall timely report to." Or keep in accordance with law article thirty-eighth paragraph second coordinated, will ", should be timely to the judicial organ." Changed to: "but, lawyers in the practice activities, aware of the client or any other person, except for or are in the process of implementation of endangering national security, public safety and serious endanger the personal safety of the facts of the crime."

Reasons: first, consistent with the provisions of lawyers, confidentiality is obligation rather than lawyers' rights. The two is to inform the judicial authorities, provisions against lawyer occupation moral. The three is, "fact" is the lawyer has evidence is really is or is about to happen, and the only evidence, but not reported to the judicial organ, "except for" way "notification" provisions compared to the judicial organ gives discretion lawyer certain rights, namely the judiciary investigation truthfully statement of obligations, but there were no judicial investigation should not take the initiative to report to the judicial organ. Four, the provisions of law in crime, delete the property security is progress.

19 criminal suspects, defendants of the investigation organ, the procuratorial organs in the investigation stage, the prosecution stage for the right to know

Suggestions: add a in the fourth chapter "the defence and representation" in: "the suspects, defendants of the investigation organ, the procuratorial organs in the investigation stage, the prosecution stage for the right to know, investigative, procuratorial organs should in the investigation, prosecution, the end of the day before and after the three days notice, will be the criminal suspect the defenders were.

Reasons: first, it is needed to ensure that the suspect, the defendant's right of defense. In practice, the conclusion of the investigation, the case transferred for examination before prosecution, public prosecution after the defenders don't know often occurs, because the investigation of the investigation organ, procuratorial organs of the duration of time limit for examination and prosecution is often prolonged, more mutual borrowing abuses, the defender made according to the provisions of this law to predict deadline is often not allowed it all depends on defense, people often call to ask, even if the defender told the investigation, procuratorial organs have been entrusted as the subsequent stages of the defenders, but the investigation, procuratorial organs is not on the transfer case back continued judicial organs inform, this is obviously not conducive to the exercise of criminal suspects, defendants' right to counsel. Two, increase the above-mentioned regulations do not increase, the procuratorial organs investigation of how much work, but can make the front defender defense work good convergence. The increased workload is required, keep good communication defender fill in the confirmation of the address, investigative, procuratorial organs according to the confirmation notice counsel.

Methods 20 listed torture to extract confessions and other illegal collection of evidence

The draft amendment forty-ninth: "the judges, procurators and investigators must, in accordance with legal procedures, to prove the criminal suspect, defendant's guilt or innocence, crime seriousness of evidence. Prohibit torture to extract confessions and other illegal methods to collect evidence, no person shall be forced to prove himself to be guilty. Must ensure that all relevant to the case or to understand the citizen, has objectively and fully provides evidence of the conditions, except in special circumstances, and can absorb them to assist in the investigation."

Advice is amended as: "the judges, procurators and investigators must, in accordance with legal procedures, to prove the criminal suspect, defendant's guilt or innocence, crime seriousness of evidence. Prohibit torture to extract confessions by threat, enticement, deceit and continuous interrogation, deprived of sleep, rest or other illegal methods to collect evidence. No person shall be forced to prove himself to be guilty. Must ensure that all relevant to the case or to understand the citizen, has objectively and fully provides evidence of the conditions, except in special circumstances, and can absorb them to assist in the investigation."

Reason: one is to modify the criminal procedure law, no more in front of the setback, the illegal evidence is clearly not just "torture to extract confessions" a way of the evidence, including "by threat, enticement, deception or other illegal methods to collect evidence," and more such illegal evidence, the law does not take the form of column the direct confirmation of the illegal evidence collecting methods of illegal evidence, with the potential to encourage investigators implementation of the illegal behavior, the result is the illegal behavior must become the basic requirements, this would violate the legitimate exercise of the public power must. The two is, the past of the illegal evidence regulations actually has a clear definition, also cannot turn back. "The public security organs for the prescribed procedures" (hereinafter referred to as "criminal procedure") the 181st stipulation: "the interrogation, should listen carefully to the statement of the criminal suspect and excuse; prohibited torture to extract confessions or the use of threat, enticement, deceit and other illegal methods to obtain confessions." 189th the provisions of the second paragraph: "the investigators shall not expressed opinion about the case to the witness, victim or leak case, prohibited the use of threat, inducement or other illegal methods of questioning the witness, the victim." "The people's Procuratorate rules of criminal procedure" (hereinafter referred to as the "rules") the provisions of article 140th: "it is strictly prohibited to torture to extract confessions and obtain by threat, enticement, deceit and other illegal methods confession." The provisions of article 166th:"...... Shall not disclose details of a case to the witness, the detention, torture, threats, enticement, deceit and other illegal methods to obtain testimony shall be." Rule 265th: "it is strictly prohibited to collect evidence by illegal methods. To torture to extract confessions or collection threat, enticement, deceit and other illegal methods to the suspect's confession, statement of the victim, witness testimony, cannot be accused of a crime according to the. People's Procuratorate for examination and prosecution departments in the review found that the illegal methods to collect the suspect's confession, statement of the victim, witness testimony, should put forward rectification opinions, and shall require the investigation organ shall appoint investigators to investigate and collect evidence, when necessary, can also to investigate the evidence. The investigation organ fails to designate the investigators to investigate the evidence, shall be returned to the investigation organ for supplementary investigation."

21 of the illegal evidence exclusion to be listed

The draft amendment fifty-third: "the use of 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. Violation of the provisions of the law collection of physical evidence, documentary evidence, seriously affecting judicial justice, the evidence should be excluded. In the investigation, prosecution, trial found the evidence should be excluded, should be excluded in accordance with the law, shall not be used as prosecution, prosecution and judgment basis."
　　
Advice is amended as: "using torture to extract confessions by threat, enticement, deceit and continuous arraignment, deprived of sleep, rest and other illegal methods to collect the suspect, defendant's confession and uses violence, threat, enticement, deception, detention, detention, continuous queries do not let sleep, rest and other illegal methods to collect the testimony of witnesses, victims statement should be excluded. Violation of the provisions of the law collection of physical evidence, documentary evidence, seriously affecting judicial justice, the evidence should be excluded. In the investigation, prosecution, trial found the evidence should be excluded, should be excluded in accordance with the law, shall not be used as prosecution, prosecution and judgment basis."

Reason: the same reason of revision draft amendment of article forty-ninth.

22 the provisions of relief way to collect evidence illegally method

The draft amendment fifty-fourth: "the people's Procuratorate received a report, complaint, report or the discovery of the illegal methods to collect evidence, shall investigate and verify. To do to illegal methods to collect evidence situation, should put forward rectification opinions, when necessary, may suggest the investigation organ replacement of the people. For illegal methods to collect evidence, which constitutes a crime, shall be investigated for criminal responsibility according to law."

Advice is amended as: "the people's Procuratorate received a report, complaint, report or the discovery of the illegal methods to collect evidence, shall investigate and verify. To do to illegal methods to collect evidence situation, should put forward correction, replacement of the person handling opinions, the relevant departments should responsibility given administrative punishment or criminal responsibility shall be investigated for criminal."

The reason: so modify more perfect, more concise.

23 people's procuratorate should prove the validity of evidence

The draft amendment fifty-fifth: "the process of trial, judges that may exist in the fifty-third article of this law to collect evidence by illegal methods situation, should the court investigation evidence collection of legitimacy. The party and the defender, agent ad litem shall have the right to request the people's court to illegal methods to collect evidence shall be excluded. For the exclusion of illegal methods to collect evidence, shall provide relevant clues or evidences."

Advice is amended as: "the process of trial, the judges think that may exist in the fifty-third article of this law to collect evidence by illegal methods situation, should the court investigation evidence collection of legitimacy. The party and the defender, agent ad litem shall have the right to request the people's court to illegal methods to collect evidence to be excluded, the people's Procuratorate shall prove the legitimacy of evidence to the court."

Reasons: first, the original provisions may not be feasible, the best solution is to set the right to silence and presence right of lawyer, not the provisions of the circumstances, the investigation organ is to collect evidence in separate closed space, it should be by the investigation organs were collected and made into evidence, the prosecution organ to prove its legitimacy to the court the burden of proof, it is the inevitable requirement of the burden of proof. Two, the defender cannot participate in cases of clue or evidence to the court is not realistic operability, the parties because of imprisonment, in fact it is very difficult to provide a clue or evidence, especially the "meet difficulty" is not to solve cases, torture scars usually wait for response.? after allowing lawyers, and even has a scar, because of the non neutrality, does not provide true physical form, such as Li Zhuang case Gong Gangmo said a wrist injury is the formation of tourism in Hainan, the judge will eventually because only torture torture suspected not fact and not exclude the Henan underworld, Nanyang Yang Jinde case Yang and other detained 9 defendants statement by torture to extract confessions, Yang Jinde was torture one eye insomnia, a deaf, paralyzed only naked under the quilt to lie for trial, the court finds that there is no torture to extract confessions is how absurd only by writing that police investigators have not torture to extract confessions! But it is also the procuratorate prosecution, the court sentenced to dare to dare, the inevitable result of the politics and Law Committee coordination! Three, such provisions, is consistent with the defendant "self incrimination", "not" innocence "principle.

24 investigators refused legal consequences in court

The draft amendment fifty-sixth: "the process of court investigation in the legitimacy of evidence collection of legitimacy, a people's Procuratorate to collect evidence to prove. The people's court may notify the relevant investigation or other personnel to appear in court to explain the situation. The notice of investigation in accordance with the law, or other personnel shall appear in court. The investigation personnel or other personnel may request the court to explain the situation."

Advice is amended as: "the process of the court investigation in the legitimacy of evidence collection in the people's court may notify the relevant investigation, or other personnel to appear in court to explain the situation. The notice of investigation in accordance with the law, or other personnel shall appear in court, refused to appear in court, the people's court shall not be relevant evidence in favor of the defendant as the judgment basis (consistent with the provisions of article fifty-third, or change to a basis in accordance with the provisions of fifty-eighth consistent). The investigation personnel or other personnel may request the court to explain the situation."

Reasons: first, because the draft amendment fifty-fifth increase in "the people's Procuratorate shall prove the legitimacy of" collecting evidence to the court, therefore removing "the legitimacy of a people's Procuratorate to collect evidence to prove the". The two is, if not the investigators did not appear in court in the consequences of sanctions, the investigators in the court rules will become a mere scrap of paper. In the present case of dissent, investigation personnel or other people refuse to appear in court will lead to unable to pinpoint the legitimacy of the evidence collection, bear the adverse consequences shall be borne by the procuratorial organs.

25 defendants, the defenders have objections to the written testimony of witness obligation

The draft amendment fifty-eighth: "the testimony of witnesses in court by the public prosecutor, the victim and the defendant, the defenders both evidence and found later, can be used as a basis. The court witness has intentionally given false testimony or conceal evidence, shall be dealt with according to law."

Proposed to amend the "witness testimony: increase without the court allowed not to appear before the court, the defendant, the defenders have objections or application requirements to inform the witnesses to appear in written testimony, the procuratorate has the obligation to ensure that all the witnesses to appear in court, procuratorate cannot guarantee that the witnesses to appear in court or the witnesses refuse to appear in court, the written testimony of the witness. In addition to some content in favor of the defendant shall not be taken as a basis." As the second paragraph.

Reasons: first, the principle of direct and verbal trial is a basic principle. Two is responsible for the burden of proof to the court, the procuratorate, the witness does not appear before the actual defense, unable to cross examination, its adverse consequences should be borne by the prosecutors, in order to prevent the dispute should be clear about the witness does not appear to meet the legal consequences, this lawsuit, also consistent with the law, administrative procedure law.

Constraint 26 restrictions on lawyers witness protection measures

The draft amendment sixty-first: "for the crimes of endangering national security, terrorism, organized crimes of the underworld crime, drugs, 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 following one or several protection measures: (a) the personal information is not public real full name, address and work units; (two) take not to expose the appearance, voice of such witness measures; (three) prohibition of specific personnel contact witnesses, victims and their close relatives; (four) to take special protective measures for personal and residential; (five) other necessary protective measures. Witnesses, victims believe that witness in lawsuit, himself or his close relatives and personal safety risk, can put forward to apply to the judicial organ protection."

The proposal to increase the "to confirm the true identity, the preceding paragraph (a), (two), (three) measures do not apply to counsel." As the second paragraph, second paragraph in the original accordingly adjusted to third.

Reasons: first, the counsel to determine its role must be confirmed on a witness, then just talk to go up to confirm the authenticity of testimony, therefore, cannot be applied to the first three measures to protect the defense lawyer, or a public authority especially the public security, procuratorial organs to ensure that the case of ".", abuse of this right, with a false witness, manufacturing errors. The two is often encountered in practice, economic case handling organs claim in case source in the report, but the informer is blank, the surface is to be kept confidential whistleblower protection, is essentially a criminal side use economic competition or economic disputes custody means against competitors or economic disputes on the other hand, the abuse of public power. Three, as for the other defenders are not suitable, I think because the specific requirements of different occupation accomplishment, in order to ensure the protection of witnesses, victims, not easy to expand the scope of application.

Application of 27 enlarged bail

The draft amendment sixty-fourth: "the people's courts, the people's procuratorates and the public security organ for any of the following circumstances of criminal suspects, defendants, can bail: (a) may be sentenced to public surveillance, detention or independent additional penal apply; (two) may be sentenced to punishment or penalty, release on bail will not take the place of social danger; (three) detention period expires, the case has not yet completed, need to take recognizance measures. Bail enforcement by the public security organs."

The proposed changes to : "the people's court, people's Procuratorate and the public security organ for any of the following circumstances of criminal suspects, defendants, can bail: (a) may be sentenced to public surveillance, detention or independent additional penal apply; (two) may be sentenced to punishment, release on bail will not take the place of social dangerous criminal negligence; (three); (four) detention period expires, the case has not yet completed, need to take bail measures. Bail enforcement by the public security organs."

Reason: consider the basic principle of the presumption of innocence, pretrial release or residential surveillance should be normal, detention shall be non normal, and consider the number of the detaining authorities faced tremendous pressure, for negligence crime suggestions are guaranteed, so add a, this can reduce the number of prisoners, reduce state tax expenditures, and to reduce the power of rent-seeking opportunities, protection officers, prosecutors.

28 relief change coercive measures

The draft amendment sixty-fifth: "the criminal suspect in custody, the defendant and his legal representative, close relatives, the defender has the right to apply for alteration of the compulsory measures. Receive request the people's court, people's Procuratorate and the public security organs, it shall make a decision within three days; does not agree to the change of coercive measures, it shall inform the applicant, and explain the reasons for disapproval."

Advice is amended as: "the criminal suspect in custody, the defendant and his legal representative, close relatives, the defender has the right to apply for alteration of the compulsory measures. Receive request the people's court, people's Procuratorate and the public security organs, it shall make a decision within three days; does not agree to the change of coercive measures, it shall inform the applicant, and explain the reasons for disapproval; overdue does not make decisions or no change decision did not explain the reasons, criminal suspects, defendants and their legal representative, close relative, defenders can complaints to the relevant departments, the relevant departments shall, within ten days of receiving complaints, investigation and verification, and the responsible persons shall be given an administrative sanction shall be investigated for criminal responsibility or duty."

Reason: the provisions of the rights and interests for violations of the rights of the need to provide relief way, otherwise no provisions.

29 lifting bail shall promptly notify the

The draft amendment seventy-first: "the suspect, the defendant in the release on bail is not in violation of this law the provisions of article sixty-ninth, when the end of the guarantor pending trial, by notice to remove the bail to the bank for the refund of deposit."

The proposed changes to : "the suspect, the defendant in the release on bail is not in violation of the sixty-ninth article of this law, the bail decision authority shall end when, at the end of days to lift the bail pending notification and delivery of the suspect, the defendant has three people, criminal suspects, defendants by lifting bail notice to the bank to receive a refundable deposit, shall not make timely lifting bail or overdue delivery of the notification, the suspect, the defendant and close relatives, the defender has the right to the complaints department, the relevant departments within ten days from the day of receiving complaints should be investigated and verified, the responsible shall be given administrative punishment or criminal investigation of."

Reason: to provisions of rights remedy.

30 limit residential surveillance abuse and the public authority inform obligation

The draft amendment seventy-third: "residential surveillance shall be carried out in the criminal suspect, the defendant's; no fixed residence, can be specified in the residence of execution. For the alleged crimes against national security, terrorist crimes, major bribery, 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, also can be in the designated residence execution. But, not specified in the place of custody, special case handling place execution. The specified home residential surveillance, in addition to not notice or suspected of crimes of endangering national security, terrorism crime, beyond notification would hinder the investigation situation may be, ought to residential surveillance and enforcement of the premises, in the implementation of residential surveillance within twenty-four hours after notification under residential surveillance, the families of the people. The specified home residential surveillance, criminal suspects, defendants to entrust defenders, this Law shall apply to the thirty-third. The supervision of people's Procuratorate to specify the decision and implementation of residential surveillance is legal residence."

Advice is amended as: "residential surveillance shall execute the criminal suspects, defendants in place; but no fixed residence, to perform in the designated residence, but must be in the implementation of residential surveillance within 24 hours after notification under residential surveillance family. For the alleged crimes of endangering national security, terrorism and 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, also can be executed at the designated residence, but must be within 72 hours after notification by the implementation of residential surveillance for residential surveillance family. The specified home residential surveillance shall be specified, in places of detention, special case handling place execution. The specified home residential surveillance, criminal suspects, defendants to entrust defenders, this Law shall apply to the thirty-third. The supervision of people's Procuratorate to specify the decision and implementation of residence of surveillance of residence is legitimate, but the specified home monitoring to make on their own living decided by the people's court to review the legality of supervision."
Increase the "overdue notice under residential surveillance families, since the late date, the authority to collect evidence can not be used as prosecution according to."

Reasons: one is the practice of the case handling organ, especially the public security, procuratorate misinterpreted the law, wantonly use designated locations specified residential surveillance, looking for the suspect torture to extract confessions or disguised torture to extract confessions, is to increase the "only" two words, intended to residential surveillance must be carried out in its place, unless the suspect has no fixed in order to specify the location of residential surveillance. The two is, for human rights, safeguard of the right to defense and the need to prevent the abuse of power, not to endanger national security, terrorist crime is always not to notice. Three, even if the two kinds of crime, not to not notice without restrictions, and within three days the situation is basically the investigation about, terror is over, there is no reason to not notice, so 72 hours notice is feasible. No clear results will inevitably bring about never notice the consequences. Four, "the people's Procuratorate to specify the decision and implementation of residential surveillance of residence of exercising supervision over the legality of the Procuratorate" obviously decide and execute assigned to oversee the residence of surveillance of residence is not operable, belongs to the legislative loopholes, self supervision, in violation of the "I can't do the judges" of basic principles of justice as a special organs, procuratorate supervision and exercise the power of investigation, prosecution, trial the prosecution is not right to make out a good case in theory, therefore, increase the content of examination and supervision by the court to trial in.

31 security under residential surveillance may meet defense of human rights

The draft amendment seventy-fifth: "by the criminal suspect, defendant residential surveillance shall observe the following provisions: (a) without the approval of the organ executing the implementation of residential surveillance shall not be allowed to leave the premises; (two) without the approval of the organ executing the communication or others may not be met; (three) in communication time custody; (four) shall not be to interfere in any form of witness; (five) shall not destroy or falsify evidence, or collusion; (six) the identity documents, travel documents, documents, the executing organ preservation driving. By the criminal suspect, defendant under residential surveillance violates the provisions of the preceding paragraph, if the circumstances are serious, can be arrested; need to be arrested, the suspect, defendant custody."

Recommendations: to increase the "criminal suspects, defendants and defendants will not need approval." As the second paragraph.

Reason: This is consistent with the provisions of the original, but also is the necessary condition to ensure the realization of the right to defense.

32 may not be the crime suspect and the lawyer monitoring under residential surveillance meeting, conversation, communication

The draft amendment seventy-sixth: "executive organ of criminal suspects, defendants, can adopt the electronic monitoring, not regular inspection monitoring method for monitoring compliance with the provisions of the residential surveillance; in the period of investigation, can monitor communication of criminal suspects."

Advice is amended as: "the executive organ of criminal suspects, defendants, can adopt the electronic monitoring, not regular inspection monitoring method for monitoring compliance with the provisions of the residential surveillance; in the period of investigation, can monitor communication to residential surveillance suspect. But not meeting, communication, communication with the defense lawyer to monitor. Because of the implementation of the monitoring and recording, call records and other related materials shall not be used as evidence, prosecution, the indictment according to, also must not be used as a lawyer acts according to investigation."

Reason: custody lawyers are not monitored, with bright and light weight lifting, apparently during the residential surveillance lawyers don't allow to be monitored, but because has explicitly allow monitoring, material evidence, so this made shall not be used as the defendant is not conducive to the verdict, it may not be used for illegal evidence against a lawyer.

33 If not make relief lifting bail, residential surveillance notice

The draft amendment Seventy-eighth: "the people's courts, the people's procuratorates and the public security organs of criminal suspects, defendants bail shall not exceed twelve months, residential surveillance shall not exceed six months. Bail pending trial, surveillance, investigation, the case shall not be suspended prosecution and trial. The discovery should not be investigated for criminal responsibility or bail, residential surveillance period expires, shall promptly release the bail, residential surveillance. Lift the release on bail, residential surveillance, it shall timely notify the guarantor pending trial, residential surveillance and the units concerned."

The proposed changes to: "if not to lift the increase of bail, residential surveillance notification, criminal suspects, defendants and their close relatives, the defender has the right to the relevant departments to appeal and accusation, the relevant departments shall, accused of receiving the appeal within ten days from the date of survey nuclear, and the responsible personnel shall be given administrative sanctions or criminal responsibility shall be investigated for malfeasance."

Reason: must be stipulated the illegal consequences.

34 remove detention within 24 hours after delivery specified detention center and two kinds of crime clear notice period

The draft amendment eighty-fourth: "when a person detained by public security organs, must produce a warrant. Arrest, the detainee shall immediately send the detention center custody, not later than twenty-four hours. In addition to not notice or suspected of crimes of endangering national security, terrorism and other serious crimes, other than the notification would hinder the investigation situation may be, should give the reasons for detention and the place, in the detention within twenty-four hours after notification, the detainee's family."

The proposed changes to the public security organs: detention "when, must produce a detention. Arrest, the detainee shall immediately send the detention center custody, and the reasons for detention and the place, in the detention within twenty-four hours after notification, the detainee's family. On suspicion of the crime of endangering national security, terrorism crime, should be within seventy-two hours after notice of detention, the detainee's family."

Reasons: first, the provisions announced detention within 24 hours after send detention without reason, the 24 hour is easy to be used to torture to extract confessions or disguised torture to extract confessions; two, remote execution of detention, although can be immediately sent off-site detention in custody, but to be detained local detention way may be because journey is distant reasons for over 24 hours. The three is, shall immediately notify the families of detainees detained, keep also practice specified in the past 24 hours in may. The four is, "and other serious crimes" will be the public security, procuratorial organ expansion to other serious crimes, we believe that only this two kinds of crime is more appropriate, therefore, remove the "serious crime". Five, even if the two kinds of crime, not to not notice without restrictions, apparently even this two kinds of crime, and within three days the situation is basically the investigation about, terror is over, there is no reason to not notice, so 72 hours notice is feasible. If not explicitly will inevitably bring about never notice the consequences.

The adoption of the 35 defense lawyers advice

The draft amendment eighty-seventh: "a people's Procuratorate for examination and approval of arrest, can ask the criminal suspect; in any of the following circumstances, it shall interrogate the criminal suspect: (a) have doubts about whether it meets the conditions for arrest; (two) the suspect asked prosecutors to statements; (three) the investigation may have serious illegal act. The people's Procuratorate for examination and approval of arrest, may question the witnesses and other participants in the proceedings, to listen to the views of the defense lawyer; lawyer requested shall listen to the opinions, defense lawyer."

Advice is amended as: "the people's Procuratorate for examination and approval of arrest, can ask the criminal suspect; in any of the following circumstances, it shall interrogate the criminal suspect: (a) have doubts about whether it meets the conditions for arrest; (two) the suspect asked prosecutors to statements; (three) the investigation may have serious illegal act. The people's Procuratorate for examination and approval of arrest, may question the witnesses and other participants in the proceedings, the criminal suspect hired a lawyer shall listen to the opinions of counsel."

Reason: the arrest is directly related to the personal freedom of suspects, the court should decide way through hearing, action is the proper procedure, the reform in place of the current is not increased, suggestions on control of procuratorial organs, those who suspect hired a lawyer and informed of the case handling organ, procuratorial organs in the decision of arrest when they shall listen to the opinions of counsel's opinion, after all, lawyers and professionals, in a meeting with the criminal suspect, the suspect is a crime to make preliminary judgment. Because ultimately acquitted the suspects can be held, decided to arrest persons, therefore is not necessary to stipulate the procuratorial organ is not to counsel opinion sanctions content, does not stipulate the procuratorial organs do not adopt justification defense attorney opinion content.

36 of the public security organ in detention, arrest, detention, arrest shall specify the duration of the

The draft amendment ninetieth: "the public security organs of the detainees, deems it necessary to arrest shall, within three days after the detention, submitted to the examination and approval of the people's procuratorate. Under special circumstances, the time limit for submission and approval may be extended by one to four days. For major suspects flee hither and thither, repeatedly committing the crime, gang crime, the time limit for submission and approval may be extended to thirty days. The people's Procuratorate shall, after receiving the request for approval of arrest from a public security organ within seven days, to approve or disapprove the arrest decision. The people's Procuratorate does not approve the arrest, the public security organ shall be released immediately after receiving the notice, and the implementation of timely notification"

The proposed changes to: increase a "public security organs on the detention, arrest, detention, arrest shall specify the duration of the." As the fourth paragraph.
　
Reasons: first, detention, arrest completely limit the people's freedom of the person, must strictly implement and control. Two, the practice of some units of the detention, arrest period, some units did not explicitly detention, arrest period, confusion. Three, some units clearly in the period of detention, the daily catch, prosecutors did not arrest, lead time not convergence, the emergence of the "illegal detention.". As taking bribes in the intermediate people's Court of Qingdao City, I obtain hearing Wei Ming appeal, found the detention period is from May 8, 2010 to June 7th, the arrest of period is June 9, 2010, June 8th is apparently illegal detention. Four, to improve public security, procuratorial work efficiency and serious violations of human rights, reduce the chance.

37 the provisions after the arrest of two kinds of crime promptly notify and clear notice period

The draft amendment ninety-second: "when a public security organ to arrest people, must produce an arrest warrant. After the arrest, it shall immediately be arrested for custody. In addition to not notice or suspected of crimes of endangering national security, terrorism and other serious crimes, other than the notification would hinder the investigation situation may be, should be arrested and custody premises, within twenty-four hours after the arrest, notify the family of the arrested person."

Advice is amended as: "when a public security organ to arrest people, must produce an arrest warrant. After the arrest, it shall immediately be arrested for custody, and the reasons for arrest and detention of the premises, within twenty-four hours after the arrest, notify the family of the arrested person. Suspected of crimes of endangering national security, terrorism crime, should be within seventy-two hours after the arrest, notify the family of the arrested person."

Reason: with the detention notice reason.

38 the provisions of compulsory measures to remedy fails to release

The draft amendment ninety-seventh: "the people's courts, the people's Procuratorate or public security organs to be taken of criminal suspects and defendants, compulsory measures shall release the statutory period expires, lifting bail, residential surveillance or alteration of the compulsory measures according to law. The suspect, the defendant or his legal representative, close relative or lawyer to the people's court, the people's Procuratorate or public security organs to take coercive measures to the statutory period expires, the right to request the lifting of compulsory measures."

Proposed to amend paragraph second: add "overdue does not lift the mandatory measures, criminal suspects, defendants and their legal representative, close relative or lawyer has the right to complain to the Department concerned, the relevant departments shall, within ten days of receiving complaints, investigation and verification, and the liable persons shall be given an administrative punishment shall be investigated for criminal responsibility or duty."

Reason: there must be the consequence of illegal.

39 subject of incidental civil action

The draft amendment ninety-ninth: "the victim has suffered material losses as a result of the defendant's criminal act, in criminal proceedings, shall have the right to file an incidental civil action. If the state property, collective property losses, the people's Procuratorate, may file an incidental civil action. The people's court when necessary, and may seal up or distrain the property of the defendant."

Advice is amended as: "the victim has suffered material losses as a result of the defendant's criminal act, in criminal proceedings, shall have the right to file an incidental civil action." Changed to: "the victim has suffered material losses as a result of the defendant's criminal act, in criminal proceedings, the victim, the victim's legal representative, close relatives of the dead have the right to file an incidental civil action."

Reasons: for the integrity of the legislation, the judicial interpretation of the content of absorbed into the code.

40 clearly do not charge for incidental civil litigation cost

The draft amendment 100th: "incidental civil action shall be heard together with the criminal case, only in order to prevent the excessive delay in the trial of criminal cases, can in the trial of criminal cases, the same judicial organizations continue to hear the incidental civil action."

The proposed changes to: increase a and divided into two sections: the incidental civil lawsuit, in addition to the application of the "PRC Criminal Law", the law should be applied "provisions of the civil law, civil procedure law of the PRC" and "the people's Republic of China tort liability law" etc..
Civil claim annexed to a criminal case, do not charge litigation fees.

Reasons: first, personal injury tort cases shall be applicable to the provisions of the law, especially the provisions relating to compensation for mental solatium, general traffic accident, compensation for personal injury may request the spiritual comfort, spiritual damage serious criminal offence caused personal injury to the victim is made larger, more should be compensation spirit conciliate gold, so that it can embody the unity of legal system, can not let the court decide not to compensation for mental solatium. Two, any person, any entity illegally should bear the criminal, administrative and civil liability are three different kinds of responsibility, the three should be run parallel, cannot substitute, not because the criminals bear criminal responsibility is exempt from the civil liability or mitigate the civil liability, except as otherwise provided by law. The three is already mature, the judicial interpretation to legal.

We should refine 41 statutory period

The draft amendment 101st: during the time, day, month. During the beginning of the day and not be counted as within the time period. A legally prescribed time period shall not include travelling time. Appeals or other documents that have been mailed before the expiration, not expired. The last day of the period for the holiday, the first day after the holiday for the expiration date. But during the criminal suspect, defendant or criminal in custody, should to the expiration date, shall not be extended because of the holidays.

Advice is amended as: "should be to the expiration date, not because of the holidays and extend" to "began during the day should be calculated within the time period, and the calculation to the expiration date, shall not be extended because of the holidays".

Reason: Prison completely limit the people's freedom of the person, must control has calculated, so start date should be calculated for the custody period, otherwise the detainees would be detained for a day. For example: if the decision in September 18, 2011 to Zhang detained for 10 days, and in that day afternoon 16:00 to Zhang sent custody, according to the original provisions should be made on the 28 September date for release, and in fact in September 18th, Zhang was detained, 10 days should be calculated to September 27th, expiration time is September 27th release 16:00, loose some, calculation by September 27th the morning time also can apply for release formalities as late as the afternoon before work shall handle the formalities for the release can also accept, but it should not be delayed to second days in September 28th to apply for release procedure, which exceeds the calculated at 10 days, more than people usually understand 10 days.

The perfect 42 relatives

The draft amendment 104th: "the following terms used in this Law means: (a)" investigation "refers to the public security organs, people's procuratorates in the process of handling cases, in accordance with the laws of surveys and compulsory measures; (two)" parties "means the plaintiff victim, private prosecutor, criminal suspects, the defendant, and defendants in incidental civil actions; (three)" legal representative "refers to an agent's parents, foster parents, guardians and bear the responsibility to protect organs, representative group; (four)" participants in the proceedings "means the parties, legal agent, agent ad litem, counsel, witnesses, identification and translators; (five)" agent "refers to the victim in a case of public prosecution and their legal representatives or near relatives in a case of private prosecution, the prosecutor and his legal agent entrusted to participate in litigation of the people and the party in an incidental civil action and the legal agent entrusted to participate in litigation of the people; (six)" close relatives "is a husband, wife, father, mother, son, daughter, brothers and sisters."

Advice is revised as follows: "(six) 'close relatives' refers to the husband, wife, father, mother, son, daughter, brothers and sisters" to: "(six)' close relatives' refers to the spouse, children, parents, grandparents, grandparents, Sun Zinv, and their children, brothers and sisters".

Reasons: first, China is still in the implementation of the family planning policy, because of traffic accidents and other causes of single parent families, orphans increased, most don't have brothers or sisters, but usually have grandparents, grandparents, grandchildren, Sun Zinv, it is necessary to grandparents, grandparents, grandchildren, Sun Zinv into the close relatives category; two because from the blood relationship, said Sun Zinv, and grandchildren dear dear relations completely equivalent to the relationship with grandparents, grandparents; three, in accordance with relevant interpretation, the Supreme Court of the inheritance law of coordination, although the legal order of succession in the order of second does not include the grandchildren or maternal grandchildren, but because of subrogation inheritance, so will Sun Zinv, grandson of children into.

43 adjusting method bar position

The draft amendment 114th: "the parties and the defender, agent ad litem, interested party considers that the judicial organs and their staff in any of the following acts, infringe upon their legitimate rights and interests, the right to sue to the judicial organ to file a complaint or: (a) to take coercive measures method the time limit expires, not be compulsory measure releasing, termination or change in accordance with the law; (two) shall refund the deposit not to refund the guarantor pending trial; (three) the illegal search, seizure, seizure, by freezing and other investigative measures; (four) shall terminate the seizure, seizure, freezing is not in accordance with the law to lift; (five) prevents the defenders and agents ad litem, shall perform their duties according to law. The admissibility of the complaint or accusation shall be timely treatment. To handle the appeal, can be to the same level or the people's Procuratorate at a higher level appeal. The people's Procuratorate shall timely examine on the appeal, when necessary, can be concerned about the situation of investigation and verification; for the case, be corrected according to law."

Advice is amended as: the position on the defense and a more appropriate agent. Remove the (a) the provisions of item, change the order by order. The "legal redress." Changed to: "to be correct, and by the relevant departments of the responsible person shall be subject to administrative sanctions shall be investigated for criminal responsibility or duty."

Reasons: first, consider the (a) contents directly affect the freedom of the person of the parties, and other property, defense, agency responsibilities differ, keep in front of the revised draft amendments to Seventy-eighth (Seventy-eighth for the content, the provisions of the regulations belong to repeat). Two, the other four only to correct the content is not enough, and there is no not correct the consequences, so to increase the illegal sanctions.

44 in order to prevent torture to extract confessions and limit interrogation locations

The draft amendment 115th: "the interrogation of criminal suspects must be responsible for a people's Procuratorate or public security organs of the investigation personnel. During an interrogation, the investigators shall not be less than two. Criminal suspects were sent to the detention center custody, investigators questioned its, should be in detention center."

Advice is amended as: "the interrogation of criminal suspects must be responsible for a people's Procuratorate or public security organs of the investigation personnel. During an interrogation, the investigators shall not be less than two. The suspect was declared the detention, arrest, investigators questioned its, should be in detention center."

Reason: to ensure the investigation personnel for interrogation of suspects in the legal time, place, prevent torture to extract confessions or disguised torture to extract confessions, declared the detention, after the arrest must be sent to jail, and then for questioning, otherwise easy to abuse. This and in front of the modified detained immediately after lockup connected to send provisions.

45 delete the provisions and the right to silence to answer truthfully, presence right of lawyer written law

The draft amendment 117th: "when the investigators suspect, shall first ask the criminal suspect whether a crime, let him state the circumstances of his guilt or innocence excuse, then put a question to him. The suspect of investigators question, shall truthfully answer. But irrelevant to the case, have the right to refuse to answer. When the investigators suspect, should the law to inform the suspect confess to leniency."

Advice is amended as: "the investigators in the interrogation of a criminal suspect, it shall inform the right to silence, presence right of lawyer, and inform if it insisted that the presence of counsel, no lawyer present investigation personnel under interrogation and production of the interrogation record is illegal. If the criminal suspect explicitly waive the right to silence, presence right of lawyer, then, investigators may interrogate, and first ask whether there is criminal behavior, let him state the circumstances of his guilt or innocence excuse, then put a question to him. When the investigators suspect, should also be the law to inform the suspect confess to leniency."

Reason: one is "should be compulsory and can not answer truthfully" proof and the provisions of contradictions. This obligation is actually on the suspect's spirit force, but in fact the suspect regardless of whether the law made the "right to silence" Regulations are entitled to the right to silence, unless the law gives the right of torture to extract confessions, have the right to silence is not put an end to it can greatly curb the occurrence of torture to extract confessions. Two, can truthfully answer is authorized norm, exercise does not affect the criminal suspects the right to silence. Because any rights can give up, such as the Gao Xiaosong drunk driving case, high on the facts of the case made answer truthfully get heavier punishment, but he gave up the right of appeal. Three, to prevent torture to extract confessions and to collect evidence by threat, enticement, deceit or other illegal methods, we must start from the source, absorb the advanced experience of other countries in the world, clearly stipulates the suspect, the defendant the right to silence, presence right of lawyer, the lawyer against self incrimination requirement. Obviously the first interrogation or compulsory measures taken should inform the parties have the right to defense, the right of silence, and inform the parties enjoy the presence right of lawyer, or even in the absence of torture to extract confessions, but according to my experience in handling cases, a torture to extract confessions, threats, enticement, deception or other illegal methods to collect evidence almost can hardly be avoided, in the case handling organ illegal because they can not sue, complaints, complaints, requests for reconsideration, and not the reality caused by the sanctions of results, only to make such provisions to contain and prevent torture to extract confessions, collect evidence, illegal guarantee human rights effect. The four is, "the good institution can make the bad men good, bad system can make good people." Must be from the source to eliminate torture to extract confessions and illegal methods to collect evidence, or the Yunnan Du Peiwu case, She Xianglin case, Zhao Zuohai case in Hebei, Henan, Liaoning Li Huawei case will still continue to occur, to correct the inevitable difficult. Because of these cases are not the correct through normal defense, defense, appeal, provides counterevidence, appeal and corrected, but because the murderer or victim again was corrected, pursue the reality pressure system in the wrong, correct the wrong means that a considerable number of investigation, prosecution, trial by processing and "laid-off personnel", unemployment, maintenance of misjudged case power than to correct the wrong strength, balance of power that will make the case more, more difficult to correct. Hebei Li Jiuming murder case, Liaoning Li Huawei, Nie Shubin intentional homicide case of rape, murder "case" case can illustrate this problem: the case of Li Jiuming in the public security personnel have knowingly and a murderer, the murderer will only was sentenced to death in Wenzhou, in order to keep their "official" deliberately not correct than Li Jiuming is yuan; Li Huawei was sentenced to prison after every day in a letter of complaint, but have no echo, without hearing a word about, until 14 years after the murderer active account of crime after can be rehabilitated; Nie Shubin in the case of "murderer" Wang Shu Jin in 2005 active statement cannot know I for the details of the murder, the mother Zhang Huanzhi appeal today six years of fruitless. I work in practice often encountered false facts is a large amount of effective judgment that is enough to prove that the consequences of torture to extract confessions, threat, enticement, deceit and other illegal means to obtain confessions. And start from the source, it can reduce the amount, put an end to torture to extract confessions, thereby reducing the case, of course also reduces the high cost of correcting wrong verdict.

46 the procuratorate Provisions Implementing synchronous recording self investigation cases of absorption into the code provisions

The draft amendment 120th: "when the investigators suspect, can the audio or video recording of the interrogation process; may be sentenced to life imprisonment or death, shall carry out the sound recording or video recording of the interrogation process. Audio or video recordings shall be full, maintain integrity."

Advice is amended as: "the investigators suspect, can the audio or video recording of the interrogation process; may be sentenced to life imprisonment or death, shall carry out the recording of the interrogation process. Audio and video should be whole, maintain integrity."
Add a "people's Procuratorate for its own investigation, review and prosecution cases should be carried out throughout the recording." As the second paragraph.

Reasons: one is, from the correction of grievance, torture to extract confessions are the most important reasons that result in case of special circumstances, but non correct case (as mentioned before, especially Liaoning Li Huawei case to prove only tell my complaint is unlikely to be correct, because be the most clear whether they commit the crime) is not correct, so as to protect human rights, reduce, curb the incidence of miscarriage of justice, must from the source control, the provisions in the 117th amendment of the right of silence, presence right of lawyer. The two is, synchronous recording is to prevent torture to extract confessions have certain effect, but can not curb torture to extract confessions. Both Yang Jinzhu's lawyer announced on the Fuyang Linquan County Public Security Bureau Yang Huajie bribery case or the Ningbo chapter Guoxi case or the Jiangsu Provincial Commission for discipline inspection personnel of torture to extract confessions case and I for the Yangzhou City Public Security Bureau police torture to extract confessions case, the Commission for Discipline Inspection, public security, Procuratorate of torture to extract confessions have never stopped, to torture suspects after uniforms then the video or video probe to do not let its recording to the torture scene happens regularly. Nanyang Yang Jinde shehei case, Yang Jinde claimed to be adopted 20 kinds of method of torture to extract confessions was blind in the left eye, deaf in the right ear, paralyzed, incontinence, only nude cover quilt to accept the reality of the trial and lawyers, prosecutors submitted to the public security personnel since no torture to extract Confessions book written description was adopted by the court, the court thus there is no occurrence of torture to extract confessions, is simply ignored the people's eyes and cognitive abilities, "there is clear dissimulate"! Our investigators and a little bit of human nature and the humanity? Relying on the exclusionary rules of illegal evidence exclusion of illegal evidence? Synchronous recording only palliative, cannot stop torture to extract confessions! There is a better way that can stop the torture to extract confessions and the incidence of miscarriage of justice, but not adopted, legislation can do good? Clear is a bad law! Three, increase a, just put the procuratorate in practice widely prescribed by absorption into the code.

The number of 47 clear search personnel

The draft amendment 133rd: "in order to collect the evidence of the crime, the crime, the criminal suspect and the investigators may might be hiding a criminal or criminal evidence, the human body, articles, residence and other relevant places."

Proposed to amend paragraph second: add: search, investigation personnel shall not be less than two.

Reason: This is clearly in order to prevent the abuse of power staff people search, the search items take forcible possession of.

48 clear evidence, documentary evidence seized when the number of investigators

The draft amendment 139th: "for the seizure, seizure of property and documents, should be with the eyewitnesses and attachment, seizure of property holders now clear, on the list in two copies, by the investigators, the witness and the holder of the signature or seal, a given to the holder, the other copy shall be kept on file for reference."

Suggestion: increase second "in the seizure of evidence, documentary evidence, investigation personnel shall not be less than two."

Reason: This is clearly in order to prevent the abuse of power investigation personnel a seizure, seizure would take forcible possession of goods.

49 technical investigation strictly limited the scope of the case

The draft amendment 147th: "the public security organs in the case, for the crime of endangering national security, terrorism, organized crimes of the underworld, serious drug crime or other serious harm to society of criminal cases, according to the need for crime investigation, through strict approval procedures, can adopt the measures of technical investigation. The people's Procuratorate in the case, the major crime of embezzlement, bribery crimes and serious violations of civil power of body right use, according to the need for crime investigation, through strict approval procedures, can adopt the measures of technical investigation. Hunt is wanted or approved, and decided to arrest the escaped criminal suspects, defendants, approved, technical investigation measures can be taken to hunt the necessary. Technical investigation measures shall be executed by a public security organ."

Advice is amended as: "the public security organs in the case, for the crime of terrorist activities, according to the need for crime investigation, through the districts and municipal people's Procuratorate approved, can adopt the measures of technical investigation. The people's Procuratorate in the case, major crime for serious violations of civil implementation use the authority of the personal rights, according to the need for crime investigation, after a people's Procuratorate approved, can adopt the measures of technical investigation. Hunt is wanted or approved, and decided to arrest the escaped criminal suspects, defendants, by districts and municipal people's Procuratorate approved, technical investigation measures can be taken to hunt the necessary. Technical investigation measures shall be executed by a public security organ."

Reasons: first, the technical investigation measures can easily be abused, not clearly defined, will be the public security, procuratorial organs for expanding interpretation, is clearly not conducive to the protection of human rights. Such as "crimes of endangering national security need to define" made specific charges, otherwise easy infringement of citizens' freedom of speech and the subversion of state power, inciting subversion of state power of accountability, but in fact from the perspective of historical development, the overthrow of a regime does not mean that the state be subversive, is usually more advanced state system to replace the old backward state system, comrade Xiaoping said what is socialism of our past is not entirely clear, namely, to the construction of socialism is being explored, is feeling stone to cross a river, in other words on "what is socialism, how to build socialism" in fact, there is no conclusion, no conclusive, of course also cannot recognize some reform words and deeds to overthrow the socialist system behavior, this is clearly contrary to the basic principles of statutory crime, keep the rules are obviously easy to be national security department abuse. Two, the crime of corruption and bribery generally do not affect the national security, we will be unable to use the technical investigation, otherwise the freedom of communication and privacy is very easy to infringe the majority does not constitute a crime of bribery. Three, drug crime actually harm is limited, if allowed to open is probably better able to reduce crime and harm. In Holland, Spain and other countries did not drug trafficking, such behavior is crime, drug trafficking and other activities are also not increase instead through empirical or decreasing year by year, we should gradually cancel drug crime death until the abolition of the provisions of the crime, therefore, should not use technical means of investigation to check in. Four, the main radical bribery corruption, not by fighting, but depends on China's political system reform, establish mutual restraint, mutual supervision, accept the national governance system of supervision by the people, so can't implement technical investigation, otherwise, all above officials since the crisis, will lose the "freedom from fear". Five, "other serious harm to society of criminal cases" no clear definition is easily abused, allowing the use of it will inevitably lead to the whole society will lose "freedom from fear", people will have no happiness. Six, even if allowed to use, must be strictly controlled, so the provisions in principle by the Municipal People's Procuratorate districts of the long or a procuratorate approved.

50 strictly limited technical investigation of time
　
The draft amendment 148th: "the approval decision should be based on the need for crime investigation, determine the species to take measures of technical investigation and application objects. The decision of approval issued since the date is valid for three months. Does not need to continue to take the measures of technical investigation, shall promptly release; for complex, difficult cases, the expiration of the time limit is still necessary to continue to adopt the measures of technical investigation, after approval, the validity period may be extended, each time shall not exceed three months."

Advice is amended as: "the approval decision should be based on the need for crime investigation, determine the species to take measures of technical investigation and application objects. Since the date of issue of the approval decision within ten days. Does not need to continue to take the measures of technical investigation, shall promptly release; for complex, difficult cases, the expiration of the time limit is still necessary to continue to adopt the measures of technical investigation, after a people's Procuratorate approved, the validity period may be extended, each time shall not exceed ten days."

Reasons: first, the technical investigation measures must be strictly controlled, types, object and period are less, otherwise people will live in fear and not free. Two, the "Regulations on file" and does not apply to inform the suspect, practice must be first technical investigation, and then down to sign the file time, the secret investigation completely legitimate. Three, if the crime of terrorist activities, technical investigation ten days can not find words, terrorist activities have happened.

51 remove the secret investigation, temptation investigation rules

The draft amendment 150th: "in order to find out the truth, when necessary, by the public security organ at the county level or above the person responsible for the decision, by specific personnel to carry out the secret investigation. The implementation of secret investigation, may induce others to crime, not methods may endanger public safety or serious personal danger. The payment of goods prohibited drugs or property crime, the public security organ according to the investigation of a crime, in accordance with the provisions of the implementation can be controlled delivery."

Proposed to amend the provisions of this article: delete.

Reasons: one is the crime in general, or the internal contradictions among the people to reflect, not use against the spy, spy means to deal with the criminal suspect. We cannot take the secret investigation, enticement investigation. Two, technical investigation, secret investigation more stringent control is better, and the prosecution of legal supervision organs as the person responsible for the decision to can better control the public security organs of power abuse, internal supervision over public security will be much better. The districts and municipal people's Procuratorate approval rights stipulated in article 147th.

52 provisions of the arrest warrant issued for network

The draft amendment 152nd: "criminal suspect who should be arrested a fugitive, a public security organ may issue a warrant, take effective measures, hunt him down. The public security organs at all levels within the area under its jurisdiction, arrest warrant can be issued; areas beyond their jurisdiction, shall be reported to higher authorities the right to decide the release."

Advice is amended as: "should be increased through the Internet issued arrest warrants, shall report to the Ministry of public security decision."

Reason: because the network publishing facts became a national, global distribution, this is the Internet technology brings change.

53 lawyers in investigation stage investigation, marking, copied material rights
　　
The draft amendment 158th: "the investigation organ in the case investigation before the end, can listen to the counsel's opinion, and indicate in the record. Defense lawyers put forward written opinions, shall be attached."

Advice is amended as: "the investigation organ in the case investigation before the end, should be allowed to copy the file material, lawyer, listen to the counsel's opinion, and indicate in the record. Defense lawyers put forward written opinions, shall be attached."

Reason: the revised can play an effective defense function, then as soon as possible to prevent occurrence of such cases. Don't give the detection stage attorney in the right of investigation, also do not allow lawyers consulting, copy file material, the result is only lawyers to attempt an ineffective solution to play defense, not real. But to really play a role, obviously lawyers comprehensive review evidence material, can put forward whether it constitutes a crime, shall be revoked the case whether advice, legal advice is correct, can in time to stop the crime, the case handling organ must continue, reduce the cost of justice, improve judicial efficiency. In the Public Security Bureau of Jiangsu Province, Hailing District, Taizhou City, the Humou violating commercial secrets, non national staff bribery case, I have been in the investigation stage repeatedly violating commercial secrets can't the Chengdu was not adopted, the stage of review and prosecution of procuratorial organs adopted defends the idea that I did not prosecute the crime, only against a crime bribery of non national staff, but this is not allowed to copy all the files I consult material conditions. In Nanjing City People's Procuratorate Xiaguan District Investigation of Du Guihua bribery case, the investigation organ bribery 710000 yuan, I proposed that there are 670000 yuan obviously belong to the Commission, have nothing to do with the post, should not be identified and charged, but I made in the investigation stage, the prosecution stage were not accepted, only to the trial stage that be not guilty. This fully demonstrates the importance order, the stage of review and prosecution investigation to counsel opinion. And the correctness of lawyers obviously depends on the material evidence examination.

54 additional matters to the people's Procuratorate for examination

The draft amendment 167th: "when the people's Procuratorate to examine the case, must be identified: (a) whether the facts of the crime, the plot is clear, the evidence is true, full, convict and the nature of the crime is correct; (two) there is no omission crimes and the other shall be investigated for criminal responsibility of the person; (three) are not shall be investigated for criminal responsibility; (four) there is no incidental civil action; (five) the legality of the investigation activities."

Advice is amended as: "when the people's Procuratorate to examine the case, must be identified: (a) whether the facts of the crime, the plot is clear, the evidence is true, full, convict and the nature of the crime is correct; (two) there is no omission crimes and the other shall be investigated for criminal responsibility; (three) should not be investigation of criminal responsibility; (four) there is no incidental civil action; (five) the legality of the investigation activities; (six) whether the jurisdiction."

Reason: early will be illegal under the jurisdiction of the case to the competent authority to deal with the investigation rights, jurisdiction. This increases with the previously mentioned jurisdiction objection procedure coordination.

55 collegiate time limit

The draft amendment 178th: "when a collegial panel for review, if the differences of opinion, shall make a decision according to the opinion of the majority, but the opinions of the minority should write notes. The records of the deliberations shall be signed by the members of the collegial panel."

Advice is amended as: " collegial panel shall within five days after the court. When a collegial panel for review, if the differences of opinion, shall make a decision according to the opinion of the majority, but the opinions of the minority should write notes. The records of the deliberations shall be signed by the members of the collegial panel."

Reasons: one is to increase ", the collegial panel shall in the provisions of the review within five days after the court" is to promote the improvement of judicial efficiency. Two, the judicial interpretation of the content of absorbed into the code, which can also play a collegial panel, reduce the external interference, especially from the inner court leadership to avoid interference, delay of cases.

56 The Committee noted the abolition of the system or the verdict

The draft amendment 179th: "a collegial panel to conduct the trial and deliberation, shall make a judgment. With respect to a difficult, complex, serious cases, the collegial panel considers it difficult to make a decision, by a collegial panel decided to invite the president of the judicial committee for discussion and decision. The decision of the judicial committee, the collegial panel shall execute."

Recommendations: should be deleted: "with respect to a difficult, complex, serious cases, the collegial panel considers it difficult to make a decision, by a collegial panel decided to invite the president of the judicial committee for discussion and decision. The decision of the judicial committee, the collegial panel shall execute." Or the"." To ", and shall specify in the judgment."

Reason: we should cancel the judicial committee to discuss the case system. One is the basic principle, the committee discussion case violates the litigation, the referee should experience the litigation is the most basic requirements, the collegial panel report clearly belong to the "hearsay", and "hearsay" is obviously not as yet based on, so caused reviewers not convicted, sentenced without trial results. Two parties can not exercise the judicial committee member's right to apply, the name do not know how to make? The three is wrong, no responsibility. The judicial committee is responsible for the original meaning for the collective, prevent the individual judge corruption, but often "collective responsibility" to "no one is responsible for", in the judicial administrative tendency is very realistic condition serious, collective discussion will be in charge of the leadership, the other members of the main leadership, What I say goes. and results. Four is the current situation, if also cannot cancel the judicial committee, proposed to take into account the rehearing of the case "by the first instance court judicial committee to discuss the case should not avoid principle instruction the court for retrial", should be in the judgment stated after the committee discussion, otherwise the complainant, appeal people, defense people unable to review the trial vice roll, not clear whether after the committee discussion and put forward the instruction and the courts at the same level of the court to review comments.

57 inform the members of the collegial panel list

The draft amendment 181st: "the people's court has decided to open a court session, it shall determine the members of the collegial panel, the people's Procuratorate indictment copy in ten days before the opening on the defendant. If the defendant has not appointed a defender, inform the defendant may entrust a defender, or to inform the legal aid institutions appoint lawyers to defend the. In court, prosecutors, judges may convene the parties and the defender, agent ad litem, the challenge, the witness list, exclusion of illegal evidence and trial related problems, understand the situation, listen to the views of. The people's court shall determine the date of the hearing, the hearing in three days before the opening of the time, the place to summon the litigants, notify the people's Procuratorate, notify the defender, agent ad litem, witnesses, appraisers and translators. For the open trial case, shall announce the, name of the defendant, time and location of the court session three days before opening of the court session. These activities shall be entered in the records, by the judges and the court clerk signature."

Advice is amended as: "the people's court has decided to open a court session, it shall determine the members of the collegial panel, the people's Procuratorate indictment copy in ten days before the opening on the defendant. If the defendant has not appointed a defender, inform the defendant may entrust a defender, or to inform the legal aid institutions appoint lawyers to defend the. In court, prosecutors, judges may convene the parties and the defender, agent ad litem, the challenge, the witness list, exclusion of illegal evidence and trial related problems, understand the situation, listen to the views of. The people's court shall determine the date of the hearing, in the three days before the opening of the members of the collegial panel list and hearing time, place to summon the litigants, notify the people's Procuratorate, notify the defender, agent ad litem, witnesses, appraisers and translators. For the open trial case, shall within three days before the opening of the pre release, the name of the accused the members of the collegial panel, the name of the name, time and location of the court session. These activities shall be entered in the records, by the judges and the court clerk signature."

Reason: for the implementation and supervision, public opinion supervision by the masses to avoid right for the members of the collegial panel shall be announced in advance, and the public prosecutor's list of judges, prosecutors, protect life safety can not be not released in reason, because the trial and verdict will be announced ahead of time, just a couple of days.

58 witnesses, appraisers refuse to testify the legal consequences

The draft amendment 186th: "the testimony of a witness has a significant impact on the sentencing, and the public prosecution has objection, parties concerned or defender, agent ad litem, or the people's court that the witness should testify in court, witnesses should appear in court. The people's police crime witness its duty as a witness to testify in court, to the provisions of the preceding paragraph. The public prosecutor, the parties concerned or the defenders and agents ad litem, the expert opinion of objections, or the people's court that his testimony necessary, the appraiser shall appear in the court. After the people's court shall notify, identification of refusing to testify in court, expert opinion shall not be taken as a basis."

Advice is amended as: "the people's court notice," after the words "the witnesses, authenticators refusing to testify in court, witnesses, expert opinion shall not be taken as a basis."

Reason: with the.

59 close relatives

The draft amendment 187th: "notification by the people's court according to law, the witness should appear in court as a witness. Witness no justification for not according to the notice of the people's court to testify in court, the people's court may enforce the court, but the defendant's spouse, parents, children. The witness without justifiable reasons to avoid court or court later refused to testify, if the circumstances are serious, shall be approved by the president, detained for ten days following. The person being punished refuses to accept the detention decision, may apply to a people's court at the next higher level for reconsideration. During the period of reconsideration execution does not stop. Expert witness, apply the provisions of the preceding two paragraphs."

Proposed to amend the first sentence: keep the rest, delete, or "spouse, parents, children" is amended as "close relatives".

Reason: one is forced to witness, testify obligations and not to testify the punishment seemed to have the suspicion of abuse of public power. If the defendant because of torture to extract confessions and his bribe sb., someone because of torture by procuratorial work force, the court notice to the court, the original because no without having to pay a bribe to appear as a witness, but because of the wrong actions of procuratorial organs have to appear in court, the court also doesn't appear on the detention is not desirable, the threat of detention easy to give false testimony that bribery "". Should be on the cognizance of the written testimony not to testify the invalid can. Two, do not delete the first sentence content, because in addition to their spouses, parents, children, and other close relatives are nearly related with the defendant, and some also and the defendant in a living room, a long life together, forcing them to appear in court accused of maintaining their loved ones obviously not conducive to family family relations, conflict, value orientation and sincere trust we advocate, and encourage suspicion of treachery.

60 Application to identification of experts published evidence

Agree to draft article 191st.

Reason: the provisions in practice also have reference to the civil action evidence, I accident in Danyang City, Jiangsu province people's court Zhou a dangerous goods in the case, filed for informed Dr. dust explosion expert Li Gang of the Northeastern University (Associate Professor) appear on the Jiangsu provincial government organizations to write "3.11" accident expert technical report the opinions of the experts, and the court's permission, to provide a good basis for the final decision.

61 definitive conviction and sentencing defense defense program

The draft amendment 194th: "in the final statement of the defendant, the presiding judge shall announce an adjournment, the collegial panel for review, on the basis of the established facts, evidence and the relevant legal provisions, respectively make the following decisions: (a) the case facts are clear, the evidence is sufficient, according to law, the defendant is found guilty, it shall make a guilty verdict; (two) according to the law the defendant is innocent, shall make a judgment of acquittal; (three) the lack of evidence, not the defendant is found guilty, not guilty verdict should make the lack of evidence, the crime accused cannot be established. The people's courts, treatment should be seized, seizure of property and fruits, frozen decisions."

The proposed changes to: should increase the second paragraph: "the defendant and / or defender only pleaded not guilty, and the collegial panel that prosecution organ charges for the guilty verdict, it shall notify the public prosecutor, the victim, the defendant, defense and trial, organizational control, between the two parties around the sentencing debate."
Add the third paragraph: "the court that the accused intended to wrong crimes, shall notify the parties and the trial, the prosecution and the defense of qualitative sentencing debate organization. The prosecution does not agree to the change of charges, the people's court shall charge can not determine that the accused was established, declare the innocence of the defendant. The people's court agreed to change the charges, also constitute a crime, shall be subject to the conviction and sentencing."

Reasons: one is the conviction, sentencing defense, defense should be separate from, and in fact has been operating in practice, there are two kinds of defense lawyer to adopt hierarchical defense in a defence, and some lawyers insist that the defendant is innocent, only has pleaded not guilty in court, has not been adopted by the case the legitimate rights and interests, from the protection of the right of the defendant, angle, court shall organize to defend special sentencing procedure idea more in line with the. Two, don't tell is the basic principle. No charges for the prosecution, court cognizance principle does not comply with the active action, that constitutes the crime should be punished, it shall perform the obligation of informing, and fully protect the defendant's right to defense. The increase of two.

The 62 expanding judgment service object to protect the citizen's right to know, Shen Suquan

The draft amendment 195th: "declaratory judgment, will be open to the public. The court judgment, shall within five days of the judgment to the parties and the people's Procuratorate; regular declaratory judgment, shall be declared immediately after the verdict will be served to the parties and the people's procuratorate."

Advice is amended as: "the pronouncement of judgment, will be open to the public. The court judgment, should be