Fellow Deputies:

    I entrusted by the Standing Committee of National People's Congress, the "PRC Criminal Law Amendment (Draft)" explanation.

    One, the necessity of amending the Criminal Procedure Law

    The criminal procedure law is the basic law of criminal procedure. China's current criminal procedure law enacted in 1979, the four meeting in 1996 eight session of the National People's Congress amended. Practice has proved, our criminal litigation system is scientific, reasonable. The amendment of criminal procedural law for 16 years, China's rapid economic and social development, the criminal is the emergence of a new situation, it is necessary to earnestly combing the representative bill, summarizing practical experience, extensive solicitation of opinions, in accordance with the deepening of the judicial system and working mechanism reform, amend the criminal procedural law. Is mainly reflected in the following aspects:

    The amended criminal procedure law is to further strengthen the need to punish crime and protect the people's. At present, facing many new situations in the punishment of crime, there are some urgent problems to be solved. At the same time, strengthen democracy and legal system building and the promotion of people's concept of the rule of law, put forward higher request to safeguard judicial justice and protect the rights of citizens. The various aspects of the amendment of the criminal procedure law is very concerned about the. This time, the National People's Congress has 2485 people and 1 delegation put forward 81 proposals. The judicial organs and the other is continuously put forward the amended Criminal Procedure Law proposals. It is necessary to improve the criminal procedure, the judicial organ to guarantee accurate and timely punishing crimes, protection of civil litigation rights and other lawful rights.

    The amended criminal procedure law is to strengthen the social management and innovation, the need to maintain social harmony and stability. At present, our country is in the period of social transition period and highlights the contradictions, criminal cases, serious violent crime increased, the types and means of crime of the emergence of new changes, all of the social management of China's challenges. Accurate punishment crime through the criminal litigation, the maintenance of social order, has an important and irreplaceable role in strengthening and innovation of social management. Timely revision of the criminal procedure law, to ensure public safety, efforts to resolve social contradictions, solve masses reflect the strong, prominent problems affecting social harmony and stability, for the national long period of stability and people live and work in peace has important significance.

    The amended criminal procedure law is the need to deepen the reform of judicial system and working mechanism. Deepening the reform of the judicial system and working mechanism, is from the central to develop socialist democratic politics, accelerate the construction of a socialist country under the rule of law level, an important strategic deployment made. To further standardize the judicial action, to promote socialist judicial system fair and efficient the construction, to speed up the perfection of criminal litigation system. The amendment of the criminal procedure law, is the implementation of specific measures to deepen the reform of judicial system and working mechanism for.

    Formation, amendment two

    According to the work of the NPC Standing Committee, the Standing Committee of the NPC Law Committee from the beginning of 2009 of criminal law amendment draft. Based on several times to listen to the National People's Congress and the views, study together repeatedly and central political and legal organs and related units, forming a draft amendment to the criminal procedure law draft. In 2011 August, the eleven session of the twenty-second meeting of the NPC Standing Committee on the draft amendment to the criminal procedure law was first considered. After the meeting, the draft issued by the relevant departments of the central government, local and relevant advice, China NPC website published the full text of the draft to the community for comments. According to the component members of the Standing Committee to consider the views and opinions from all sides, revise and improve the draft amendment of the. In 2011 December, the twenty-fourth meeting of the Standing Committee on the draft amendment to the criminal procedure law was considered again. The members of the committee, the draft amendment after the Standing Committee of the two review, the component members of the Standing Committee to consider the views and opinions on various aspects, has matured. The meeting decided that the draft amendment submitted to the five session of the eleven National People's Congress review.

    Office of the NPC Standing Committee in accordance with legal procedures, in January 11th this year the draft amendment to the criminal procedure law to send deputies to the National People's Congress for reading discussion. Delegates generally in favor of the amendment, and put forward some suggestions. According to the component members of the Standing Committee to consider the views and the representatives put forward in the discussion comments, amendments to the revised the draft and perfect, formed the criminal procedure law now before the Congress for consideration of the draft amendment.

    In the draft amendments to draft and revise the work, pay attention to the following problems: one is, insist on proceeding from China's basic national conditions, step by step to promote the perfection of our criminal litigation system. The improvement of criminal procedure and related system, should be based on our country and will remain in the basic national conditions and the stage characteristics of the primary stage of socialism, not only to keep pace with the times, and do not go beyond the current reality, do not blindly copy foreign judicial system and litigation system. Two, we will handle well the relationship between punishing crime and protecting human rights. The amendment of the criminal procedure law and perfect, which should help to ensure the accurate and timely identification of criminal facts, correct application of law, punishment of criminals, but also to protect innocent people from criminal prosecution, respect and safeguard human rights, protection of civil litigation rights and other lawful rights. Three, adhere to solve key problems in punishing crime and safeguarding judicial justice. Through in-depth investigations and study, strengthen communication and coordination with all concerned, efforts to form a consensus, to solve outstanding problems in judicial practice. At the same time, pay attention to play a guiding role of law, provide clear legal norm for criminal activities.

    The amendment of criminal procedure law, the general view, the draft amendment to adhere to the socialist concept of rule of law, carry out the criminal policy of combining punishment with leniency, the implementation of central government to deepen the reform of judicial system and working mechanism of the requirements, to adapt to the new situation of punishing crime and protecting the people's needs, to solve the urgent problems in judicial practice, in line with China's national conditions and the actual. The Standing Committee for deliberation and consultation process, the parties face the draft amendments also proposed some amendments and suggestions. These observations and recommendations, some aspects of cognition is not consistent, some are lack of practical experience. Considering the amendment of the criminal procedure law according to the practical, economic and social development step by step, and gradually improve, for these problems, can continue to study and explore.

    Three, the main contents of the draft amendment

    Criminal law amendment draft article 110, the main content is:

    (a) to "respect and protect human rights" into the Criminal Procedure Law

    Respect for and protection of human rights is an important principle of constitution of our country, embodies the essential requirement of the socialist system. Criminal procedure law to carry out the principle of the Constitution in the program settings and specific provisions. Criminal litigation between the personal freedom of citizens basic rights, to "respect and protect human rights" explicitly written into the law of criminal procedure, is conducive to more fully reflect the socialist nature of our judicial system, but also conducive to the judiciary in criminal procedure to follow and implement the constitution principle. Accordingly, the draft amendment of the second criminal procedure law is amended as: Criminal Procedure Law of the people's Republic of China is the task, to ensure accurate, timely find out the facts of the crime, the correct application of the law, punishment of criminals, to protect innocent people from criminal prosecution, educate citizens consciously abide by the law, actively struggle against criminal acts, safeguard the socialist legal system, respect for and protection of human rights, the protection of citizens' rights of the person, property rights, democratic rights and other rights, guarantee the smooth progress of socialist construction.

    (two) on the evidence system

    Evidence system is the basic system of criminal procedure, to guarantee the quality of case, the right conviction and sentencing has a key role in. The draft amendment to focus on improving the exclusion of illegal evidence system, strengthening and protection system of witness.

    1 perfect exclusionary rules. The current criminal procedure law to prohibit torture to extract confessions and to collect evidence by other illegal methods were provided. In order to further curb torture to extract confessions and other illegal evidence collection behavior from the system, safeguard judicial justice and criminal lawsuit participates in a person's legitimate rights, it is necessary in the law to the exclusion of the illegal evidence make clear provisions. Accordingly, the draft amendment to the criminal procedure law is strictly prohibited in the basis of torture to extract confessions, increase shall not be compelled confirmed their crimes. At the same time, specifies the specific criteria for exclusion of illegal evidence: 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, may seriously affect judicial justice, shall be corrected or make reasonable explanations; no correction or to make a reasonable explanation, the evidence should be excluded. Also provides for the people's court, the people's procuratorates and the public security organs have the obligation of exclusion of illegal evidence, investigation procedure of exclusion of illegal evidence and the court hearing process.

    In addition, to prevent the system from the acts of torture to extract confessions, the draft amendment added provisions of detention, arrest promptly sent to the house of detention, interrogation and interrogation recording system in the detention center.

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

    In order to further strengthen the protection of witnesses and appraisers, the victim, the draft amendment to increase provisions: for the crimes of endangering national security, terrorism, organized crimes of the underworld crime, drugs, the witness, Jian Dingren, the victim witness in the proceedings, he himself or his close relatives of the personal safety at risk the people's courts, the people's procuratorates, and the public security organs shall take necessary protective measures. The witnesses and expert witnesses, victims due to testify that danger, can request to protect.

    (three) on compulsory measures

    Compulsory measures to ensure the smooth progress of the criminal activity plays an important role in. The draft amendment to focus on improving the conditions of arrest, residential surveillance, program and forced to take measures of notification of family rules.

    1 to further clarify the conditions of arrest and the examination and approval procedures. In view of the judicial practice in the conditions of arrest understanding inconsistency problem, is conducive to the judicial organ accurately grasp the conditions of arrest, the draft amendment will be social dangerous criminal procedure law on the conditions of arrest ", and it is necessary to arrest the provisions of" refinement: may implement the new crime; the real danger endanger national security, public security or social order; may destroy or forge evidence, witnesses or interference collusion; May to the victim, informants, the complainant take revenge Dutch act or escape attempts to implement. Clearly stipulates: there is evidence to prove the facts of the crime, may be sentenced to more than ten years of punishment, or may be sentenced penalty above, once an intentional crime or unidentified suspects, the accused, should be arrested.

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

    2 proper positioning of residential surveillance measures, clear rules applicable conditions. Residential surveillance with bail similar, is mandatory measures to limit the criminal suspects and defendants, personal freedom, but the restriction of freedom degree. The same rules applicable conditions of the two kinds of compulsory measures the current criminal procedure law. Considering the characteristics of residential surveillance and the actual execution, the surveillance of residence located in the alternative to detention, and the provisions of applicable conditions and bail different comparison. Accordingly, the draft amendment provisions residential surveillance shall be suitable conditions of arrest, but with a serious disease, the life cannot provide for oneself, pregnant or breast-feeding their babies, the only supporter, life can not take care of the people, because of the need for the special circumstances of the case or the handling of cases, to residential surveillance measures more appropriate, and detention period expires, the case has not yet completed, the need to take measures under residential surveillance. At the same time, the provisions for the alleged crimes against national security, terrorism crime, crime of particularly great bribery crime suspects, residential surveillance residence in the execution may hinder the investigation, the approval of the people's Procuratorate at the next higher level or the public security organ, can be performed in the designated residence, but not in custody and special case handling place. To prevent this measures are abused in practice, the provisions of the people's Procuratorate shall exercise supervision over the specified decision and implementation of residential surveillance of residence.

    3 strictly limited to take compulsory measures do not notice the exceptions families. Criminal law: detention, arrest, in addition to hinder the investigation or not notice, should put the reasons for detention and arrest, the premises, within twenty-four hours, notify the detainee, the family of the arrested person. Among them, "boundary situations would hinder the investigation" is ambiguous. In addition, the designated home residential surveillance after notification of family is not specified. Considering the punishment of crime and protection of criminal suspects, defendants rights needs, it is necessary to strictly limited to take compulsory measures do not notice the exceptions families. Accordingly, the draft amendment to delete the arrested after notification would hinder the investigation without exception, families defined, to the arrest and designated residence residential surveillance measures, in addition to not notice, shall be arrested or residential surveillance within twenty-four hours after notification of family. At the same time, the detention after notification would hinder the investigation without families, only suspected of crimes of endangering national security, terrorism, and provisions would hinder the investigation situation disappear, it shall immediately notify the detainee's family.

    (four) on the defense system

    The defense system is an important system of criminal proceedings in the protection of criminal suspects, defendants to exercise his right according to law. The draft amendment to focus on improving the provisions counsel in criminal litigation legal status and role, expanding the scope of legal aid.

    1 clear criminal suspects in the investigation stage may entrust a defender. The draft amendment to modify the criminal procedure law on criminal suspects in the investigation stage can only hire a lawyer to provide legal help: can entrust a lawyer criminal suspects in the investigation period.

    2 to improve the lawyer to meet program. The defense lawyer's meeting with the criminal suspect in custody, the defendant, criminal law: in the investigation stage, for cases involving state secrets, the lawyer meets with the criminal suspect in custody, subject to the approval of the investigation organ. Provisions of the amended law, lawyer with a lawyer's practice certificate, certificate of his law firm and a power of attorney or legal aid official letter, have the right to meet the criminal suspect. With the repeated research thinks, the relevant provisions of law shall be absorbed in the criminal law, but in a few cases, considering the actual situation of safeguarding national security, public safety, to meet with the criminal suspect in advance by the lawyers in the investigation stage, the investigation organ is necessary. Accordingly, the draft amendments to the provisions, crimes against national security, terrorism crime, crime of particularly great bribery case, in the period of investigation lawyer meets with the criminal suspect in custody, it shall obtain the permission of the investigation organ.

    A lawyer, a draft amendment to regulation, defense lawyers in the prosecution and trial stages, can consult, extract, copy the file material.

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

    (five) about the investigation measures

    The investigation is the investigation organ to investigate crime, legally conducted surveys and compulsory measures. The draft amendment to focus on improving the interrogation in criminal procedure and necessary investigation measures, at the same time, strengthen regulation and supervision on investigative measures, prevent abuse.

    1 to improve the investigation measures. According to the actual need of investigation work, the draft amendment added provisions of summoned verbally suspect program, appropriate to extend the special major, complicated cases summons, subpoena witnesses, added provisions place, perfect the human body inspection procedures, in the inquiry, freeze in the scope of the provisions of the stock, bond, increase the fund share.

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

    2 to strengthen the supervision of investigation. For the protection of lawful rights of participants, the draft amendment to increase provisions, the parties and the defender, agent ad litem, stakeholders, the judicial organs and their staff to take compulsory measures may not be released the statutory time limit, dissolution or change, shall refund the deposit is not returned by the guarantor pending trial, the case had nothing to do with the property take the attachment, seizure, freezing measures, shall cancel the seizure, seizure, freezing not released, corruption, embezzlement, privately divide, exchange, in violation of the provisions of the use of attachment, seizure, freezing the property and the right to appeal and accusation, and the provisions of the corresponding procedures.

    (six) on the trial procedure

    The trial is a key stage of whether the defendant constitutes the crime and punishment decision. The draft amendment to further improve the important link in the process of trial.

    1 summary procedure applicable scope, perfect the procedure of first instance. On the premise of ensuring judicial justice, appropriate adjustments to the scope of the summary procedure is simplified, the case of the shunt, is advantageous to enhance the lawsuit efficiency. Therefore, the draft amendment to the summary procedure applies to the trial of the case, modify the basic people's court has jurisdiction may be sentenced to the penalty, the accused confess their crimes cases. At the same time, according to the trial practice, the ordinary procedure of first instance of the case file transfer system, pre-trial preparation procedure, sentencing and related procedures, to suspend the trial procedures are complete.

    2 clear of second instance shall open a court session scope, restrictions on remand. First, to ensure the case just before the trial, the draft amendment further defined the second instance shall open a court session scope, increase provisions: facts, evidence, appeal people to first instance found objection, may affect the conviction and sentencing, the defendant was sentenced to the death penalty appeals, the people's Court of second instance shall open a court session the trial. Two, to avoid repeated retrial cases, long, increase provisions: due to the facts are not clear or the evidence is insufficient, the people's Court of second instance remanded by the people's court to the trial of the case, the people's court to make after the verdict, the defendant appealed or protested by the people's Procuratorate, the people's Court of second instance shall make a judgment or ruling according to law. Three, to implement the appeal not infliction principles, to avoid in the appeal cases in the people's Court of second instance retrial, if the people's court in the trial of aggravating circumstances, increase provisions: the people's Court of second instance the case remanded, in addition to the new facts of the crime, the people's Procuratorate for supplementary outside the lawsuit, the people's court also shall not increase the criminal punishment on the defendant. In addition, the draft amendments also perfected the properties and interests seizure, seizure, freezing process etc..

    3 to improve the supplementary civil action procedure. Supplementary civil action procedure to effectively resolve social conflicts and disputes, the victim get compensation in time, which plays an important role in. On the basis of summing up the judicial practices, the draft amendment made to add amendments to the supplementary civil action procedure. First, increase provisions: the victim's death or incapacity, his legal representatives, near relatives shall have the right to file an incidental civil action. Two, increase provisions: the plaintiff in incidental civil action or the people's Procuratorate may apply to the people's courts to take preventive measures. Three, increase the people's court shall: incidental civil lawsuit, mediation may be conducted according to the material loss, or judgment, ruling.

    4 of the death penalty review procedure to make specific provisions. To reflect the application of the death penalty cautiously, to further ensure the death penalty review the case quality, strengthen the legal supervision of death penalty review procedure, the draft amendment stipulates: the Supreme People's court shall make a review of death penalty cases, approved or not approved the death penalty verdict. For not to approve of the death penalty, the Supreme People's court may remand the case for retrial or reheard. At the same time, increase provisions: the Supreme People's court review of death penalty cases, may interrogate the defendant, defense lawyers request shall listen to the opinions, defense lawyer. In the process of death penalty cases, the Supreme People's procuratorate can give advice to the Supreme People's court. The Supreme People's court shall notify the Supreme People's Procuratorate, the death penalty review results.

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

    (seven) on the implementation of the program

    Penalty execution procedure is an important specification of punishment and reform of criminals. The draft amendment to focus on improving the temporary execution outside prison regulations, strengthen the people's Procuratorate of commutation, parole, probation of the temporary supervision.

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

    2 to strengthen the people's Procuratorate of commutation, parole, probation of the temporary supervision. The draft amendment to increase provisions: prison, the proposed commutation, parole or temporarily written opinion outside of prison, shall be sent to the people's procuratorate. The people's procuratorates can put forward written opinions to the people's court or approved by the authorities.

    (eight) increase the provisions of special procedures

    According to the actual situation of criminal activity and in recent years, actively explore the good experience, it is necessary for the minor criminal cases and other specific cases and in some special cases, provisions of special procedures. Draft amendments to the increase in a series of "special program", made special provisions for the relevant procedures.

    1 the provisions of minor criminal procedure. To better protect minors litigation rights and other lawful rights and interests, the draft amendments on the basis of practical experience, according to the characteristics of juvenile criminal cases, special procedures for handling cases guiding principle, litigation link make provisions. Among them, the non prosecution of additional conditions, provisions for minors who alleged violations of human rights and democratic rights, infringement of property, prejudice and social management order, crime, may be sentenced to the penalty for a year, in line with the conditions for prosecution, but there is repentance, the people's procuratorate can make decision of conditional non prosecution. At the same time, in order to make minor return to society better, set up a criminal record storage system.

    Reconciliation procedure 2 set specific scope of public prosecution cases. Reconciliation of criminal procedure law in a case of private prosecution has been specified. As the dispute in favor of resolving conflicts, the scope of application appropriate expansion of reconciliation procedures, will be part of public prosecution cases into reconciliation procedure. At the same time, in view of the seriousness of public prosecution in the state prosecution and punishment, to prevent the emergence of new injustice, on the establishment of such a new litigation system should be carefully grasp the scope of reconciliation procedures, can not be too big. The draft amendment provisions, scope of reconciliation procedures applicable in cases of public prosecution is caused by civil disputes, alleged violations of human rights and democratic rights, infringement property crime, may be sentenced to the punishment of crime cases three years, as well as the addition of malfeasance crime may be sentenced outside prison punishment of criminal negligence cases below seven years. However, the suspect, the defendant within five years had intentionally the crime, do not apply for this program. And the provisions of the parties reached a settlement agreement case, can according to the defendant lenient punishment.

    The 3 set of criminal suspects and defendants, escape, death cases of illegal gains confiscated program. Severely punishing the crime of corruption, crime of terrorist activities, the United Nations and the connection has joined with China's Anti-Corruption Convention and the relevant anti terrorist problem resolution requirements, the need for the proceeds of crime to take timely measures to freeze. The draft amendment to increase provisions: for the crime of corruption and bribery, crime of terrorist activities and other major crime, criminal suspects, defendants wanted to escape, not in a year, or criminal suspects, defendants to death, in accordance with the criminal law shall be recovered and the illegal income and other properties involved in case, the people's Procuratorate may propose the confiscation of illegal income an application to the people's court. And set up the public security organs to the people's Procuratorate procedure and trial procedures of the people's court.

    The mental patient 4 settings will not be liable for the crime of forced medical procedures. The criminal law eighteenth stipulation: the mental patient causes harmful consequences at a time when he is unable to recognize or control his own conduct, upon verification and confirmation through legal procedure, he shall not bear criminal responsibility, but his family or guardian shall be ordered to put in the custody and care; when necessary, by the government of compulsory medical. For public security, maintaining social order, the draft amendment to increase provisions: violence, endangers public security or serious harm to personal safety, the mental patient through legal procedures shall not bear criminal responsibility identification, continue to harm society possible, by the public security organs to the people's Procuratorate, the people's Procuratorate compulsory medical an application to the people's court, be decided by the people's court. And the trial procedure, legal aid and legal relief, compulsory medical relief and the supervision of the people's Procuratorate provisions.

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

    "The people's Republic of China criminal law amendment (Draft)" and described above, please review.