In 2012, the second revision of the Criminal Procedure Law
The five session of the eleven National People's Congress in March 14, 2012 2639 votes in favor, 160 votes against, waiver 57 vote the "decision of the National People's Congress on the revision of criminal procedure law '' of the people's Republic of China". The people's Republic of China President Hu Jintao signed a presidential order No. fifty-fifth, announced the decision. Shall enter into force as of January 1, 2013.
The amendment of the criminal procedure law decided to have 110, the criminal procedure law revised five series 290. An increase of 65.
Two, the new China criminal legislation evolution

After a long period of time without the criminal procedure law, only in 1954, "court organization law", "organization" and "procuratorate detention arrested regulations" as a criminal case processing program basis.
In 1979 through the new Chinese first "Criminal Procedure Law", a total of 4 series, 164, shall enter into force as of January 1, 1980
March 17, 1996 was the first amendment to the criminal procedure law, the amended Criminal Procedure Law of 4 series, 225, increased by 61 than the original
In March 14, 2012, the five session of the Eleventh National People's Congress by the criminal procedure law revised for the second time in a total of five series, 290.
The main content of the criminal procedure law amended in 1996
1 established without the approval of the people's court to sentence, shall be found guilty of any principle. Suit with this photograph, abolished the system of exemption from prosecution, perfecting the system of non prosecution, and in the prosecution and trial established the principle of presumption of innocence. 　　
2 the establishment of the people's Procuratorate to exercise legal supervision over criminal procedure principle, increase the supervision of case filing procedure and supervision of the execution procedure. 　　
3 to improve the defense system. The investigation stage can entrust a lawyer to help, may entrust a defender in the prosecution later
The 4 reform of the trial mode, cancel the substantive examination before the court, the equality of the prosecution and the defense against the center referee, judges.
5 the abolition of the special procedures from a felony, misdemeanor from summary procedure. 　　
6 is cancelled for review, perfect compulsory measures. 　　
7 the litigant rights and obligations, the strengthening of the participants in the proceedings especially legal protection of victims.

The reason the re amendment of Criminal Procedure Law
(a): the direct cause serious problems in China's criminal procedure
The 1 problem of torture to extract confessions
2 the extended custody
The 3 lawyers to defend the hard problem
4
(two) the indirect reason: the first 96 years of the amended criminal procedure left a lot of problems, we must reform and perfect
(three) an important reason: to the signing and implementation of "International Convention on Civil and political rights.".
(four) the fundamental reason: China's current criminal procedure law is too principle, general, operability is poor
Judicial interpretation of the provisions too much and not uniform.

 

"International Covenant on Civil and political rights"
Is a United Nations Convention on the basis of the "Universal Declaration of human rights" on the. "The Universal Declaration of human rights" includes the first phase of the civil and political rights as well as the second stage of economic, social and cultural rights. On the basis of the United Nations "by" International Convention on Civil and political rights and economic, social and cultural rights "International Convention".
 The United Nations in 1966 by the Convention, entered into force in 1976. China signed in 1998, has not ratified and join. At present, the Convention has 149 members.

The new criminal procedure law and the "International Covenant on Civil and political rights" requirements there is no conflict?
Judicial independence? Innocence presumption? Detention arrested by the judge to review? Not to be forced self incrimination? The right of silence? Lawyer presence right? The prohibition of double jeopardy? Reeducation through labor?

Revision of the lawyers law in 2007
Amendments to the law of criminal procedure practice right is mainly reflected in the:
(1) the right to meet with. "lawyer law" thirty-third article: the suspect first interrogation by the investigatory organ or coercive measures taken to date, the lawyer commissioned by a lawyer's practice certificate, certificate of his law firm and a power of attorney or legal aid official, has the right to meet the criminal suspect, the defendant and the solution of the case. The lawyer to meet the criminal suspect, defendant, not monitored.
(2) access to the case file right. Article thirty-fourth: the appointed lawyer since the case of prosecution, to date, have the right to consult, extract and duplicate litigation documents and case material. The lawyer of the case by the people's court date, have the right to consult, extract and duplicate the case and all materials.
(3) the right of investigation and evidence collection. Article thirty-fifth: attorney to investigate the evidence, with lawyers and law firms practicing certificate to prove, to investigate relevant units or individuals undertaking legal matters with the situation.
(4) practicing security right. Article thirty-seventh: lawyers in the practice activities of the personal rights are not violated.
Lawyers in the courtroom, the agent shall be immune from legal defense opinions. However, publication of endangering national security, malicious slander others, seriously disrupting the order of the court except speech (speech immunity).
Lawyers in litigation activities due to suspected crime lawfully detained, arrested, detained, arrested authority should be in detention or arrest, after the implementation of the twenty-four hours to inform the lawyer's family, the law firm and the lawyers' association. (special provisions on detention program)
(5) to keep the secret. Article thirty-eighth: the principal lawyer known in practice activities and other people do not want to reveal the situation and information, shall keep confidential. However, the client or other people for or are in the process of implementation of endangering national security, public safety and other serious endanger personal and property safety, criminal facts and information except.

 LawyerInvestigation phase meeting

1, 96 Criminal Procedure Law (providing legal help): = approved arrangements
2, 2007: Law by three direct meeting.
The lawyer law disputes
The public security organs and the legislative debate
The public security organs: the upper method is better than the method.
NPC Law Committee: new method is better than the old method.

"The National People's Congress Standing Committee for the first session of the eleven CPPCC National Committee 1524th (Political Law No. 137) reply to the proposal" "in accordance with the provisions of the constitution, the NPC Standing Committee for the National People's Congress enacted the law, in its basic principles do not conflict, can be changes and additions. The revised law on lawyers, summing up the experience of practice, the criminal procedure law on Lawyers in criminal proceedings the right to practice some concrete problems are the supplement, is actually a new law to modify the relevant provisions of the criminal procedure law, which should be according to the revised "lawyer law" provisions."
In judicial practice, the public security departments new regulations for the lawyers law of the lack of implementation of basic
Comments from all walks of life to the Criminal Procedure Law
1, Southwest University of Political Science and Law Professor Xu Jingcun "re amendment of criminal procedure law to release" (Ninth version), a total of 461, the basic framework for the eight plus a supplementary provisions. The first part: general, second series: Third Series: evidence, investigation, prosecution, Fourth: Fifth: sixth: the pre-trial, trial, seventh series: special procedures, eighth series: executive, finally with annex.
2, Renmin University of China professor Chen Weidong organized the preparation of the "law of criminal procedure model code", nearly 700.
3, the research center of China University of Political Science and Law law director Professor Fan Chongyi 2003 there had been a criminal law amendment draft.
4, China law Procedural Law Research Association, former president of China University of Political Science and Law professor Chen Guangzhong proposed "the criminal evidence law" of the draft.
5, 2007, the criminal procedure law collect national counsel (an angle) revised draft (Fifth Draft) sent to the NPC Law Committee of the criminal law.
6 different opinions, the Ministry of public security on the amendment of the criminal procedure law.
......
The objections raised by the Ministry of public security legal director Ke Liangdong:
First, can not be separated from the Chinese conditions.
Second, not weaken the function of criminal law on crime.
Third, pay attention to the equal protection of the rights of victims.
Fourth, we should not simply asked to reduce the rate of pre-trial detention.
Fifth, attention should be paid to the criminal litigation cost.

Public participation legislation
In August 24, 2011, amendment to the Criminal Procedural Law draft was submitted to the eleven session of the twenty-second National People's Congress first consideration. The draft amendment to a review article 99, the criminal procedure law from the original 225 to 285, mainly involving the perfection of evidence system, compulsory measures, the defense system, investigation, trial procedures, implementation of the provisions, the special procedure in 7 aspects. Among them, curb torture to extract confessions, exclusion of the illegal evidence, to solve the difficulties of witness appearing in court, refinement, occupation, arrest conditions guarantee rights lawyer save crime's minor content has been widespread concern in the community.
6 days later, the NPC Standing Committee published the full text of the "PRC Criminal Law Amendment (Draft)", and open to the community to solicit opinions, the deadline to September 30, 2011, received a total of 80953 views. At the same time, the NPC Law Committee, Law Committee of the NPC Standing Committee also heard the views of all parties through discussion and investigation.

The main content of the criminal procedure law revised 2012
Decision of the National People's Congress on the revision of the criminal procedure law of a total of 110. Mainly involves the following aspects revise:
Respect for human rights into general
Protection of the right of defense. The investigation stage has the right to entrust defenders, lawyers right of investigation period.
Illegal evidence exclusion.
The burden of proof of the defendant's guilt is undertaken by the people's procuratorate.
No person shall be forced to prove himself to be guilty.
The reasonable doubt standard.
The witness and the witness protection.
Changes of compulsory measures.
Video recording of interrogation rules.
A special program (minor, a person without capacity for civil conduct).
......
To respect and protect human rights in general, three
The new criminal procedure law article second "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, to educate citizens to consciously abide by the law, actively fight against crimes, safeguard the socialist legal system, respect and the 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." The constitution of 2004: the thirty-third paragraph is added as the third paragraph:, "the state respects and safeguards human rights.
The protection of human rights from the perspective of appellation
Man
The suspect
Defendant
Criminal

Immunity from prosecution (regulation 1979 of the criminal procedure law by the procuratorate criminal conviction impunity measures, have abolished)
Non prosecution

Four, the defense lawyer problem
Hard against the public authority
 China's current criminal defense has the following characteristics:
1, criminal procedure to the prosecution phase it is defense, the investigation stage is only to provide legal help.
2, China's defense of the litigation rights co..
3, criminal defense encounter considerable difficulties. People often talk about the lawyer
Meet the difficult, hard evidence, scoring difficult, difficult, difficult and so on opinion survey.
Criminal defense lawyers poor environment, to play a role, the balance of power
Serious imbalance.

 The controversial case of Li Zhuang: the farmer and the snake in the new era.
 The defender false evidence, prejudice to testify the crime.
 Gong Gangmo. Inquisition by torture.
 "Money, people stupid, black enough, speed."

Protection of the right of Defense (the fourth chapter thirty-second - more strips)
          The fourteenth paragraph is amended as: "the people's courts, the people's procuratorates and the public security organs shall safeguard the criminal suspects, defendants and other participants in the proceedings shall have the right to counsel and other litigation rights."

1, thirty-third: clear the counsel status investigation stage;
2, thirty-seventh: the lawyers met with the right breakthrough. No need to arrange.
3, expand the lawyer's right of action, especially in the investigation stage of litigation rights;

Modification and perfection of criminal defense system is a major bright spot, many problems solved better, has made breakthrough progress. For example: the investigation stage defender position is confirmed, the scope of legal aid to expand, the early stages of the investigation, the defense lawyer right has expanded, with "three certificates" does not require handling case authority can be met, but not be monitored, from the date of examination and prosecution, defense lawyer marking range also extended to all the files materials. Second, establishes the entire rule. Third, more importantly, when the investigators suspect, can the audio or video recording of the interrogation process. This can effectively prevent the illegal interrogation, better protection of the personal rights of criminal suspects, the containment of torture to extract confessions. In addition, the second appeal not infliction, for minors "special program", death penalty review procedure appropriate action etc., are embodied in the protection of human rights.
Changes of defense system (5-12)
1, the investigation stage may entrust a defender.

Thirty-third shall be amended as: "the suspect since the first interrogation by the investigatory organ or coercive measures taken to date, has the right to entrust defenders; in the investigation period, can only be entrusted lawyer. The accused has the right to entrust defenders at any time.
The lawyers met with the right

2, thirty-seventh lawyer 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. "The crime of endangering 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. Of these cases, the investigation organ shall notify the. "The lawyer meets with the criminal suspect in custody, the defendant, the understanding of the circumstances of 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.
Presence right of lawyer
Presence right of lawyer, is refers to the criminal suspects in criminal investigation and interrogation by the investigation organ, have an attorney present right. The lawyer is not present the interrogation interrogation record does not have legitimacy, not as the verdict evidence. Lawyer presence right is one of the connotation of the criminal suspect's right of defense of the rights of criminal suspects, is, not a lawyer's rights. A lawyer commissioned to perform defense duties, practicing duties
Our present criminal procedure law has no provisions of Lawyer Presence Right. America, Japan and other countries have a lawyer. Since the 2005 She Xianglin case, China started the pilot work of the presence right of lawyer. Public security against.
The criminal procedure law revised in 2012 has not stipulated, presence right of lawyer. Can only look forward to the next legislative changes.
Lawyers
Thirty-eighth defense lawyers of the people's Procuratorate date, consult, extract, copy the file material. Other defenders, with permission of the people's court, the people's Procuratorate, may also consult, extract, duplicate the above mentioned material."
Article thirty-ninth the defender believes in the investigation, review and prosecution, the people's Procuratorate collected during the public security organs to prove the suspect, defendant not guilty evidence not submitted, shall have the right to apply for access to the people's Procuratorate, the people's court. "Article fortieth of criminal suspects defender collected not at the scene of the crime, does not reach the age of criminal responsibility, mental patients belongs to not bear criminal responsibility in accordance with the law of evidence, it shall timely inform the public security organ, the people's procuratorate."
Five, the principle of presumption of innocence
Twelfth of the criminal procedural law stipulates: "without the approval of the people's court to sentence, no person shall be found guilty."

The principle of presumption of innocence. The classical formulation:
The Universal Declaration of human rights stated: without the court ruling before (or constructive) should assume that the defendant is innocent.
"International Convention on Civil and political rights," the statement: Everyone charged with a criminal offence, before proved guilty according to law, shall have the right to be presumed innocent.
France's "Declaration of human rights" article ninth: "anyone who is convicted shall be presumed innocent before".
Criminal law article twelfth problems
"Criminal Procedure Law" article Twelfth "without the approval of the people's court to sentence, no person shall be found guilty." provisions, whether from the perspective of syntax, or from the logical angle, or from the legal perspective, are just the expression "determined guilty according to the exercise of rights by the people's court.". The meaning of both and the presumption of innocence Beccaria's original meaning, still have the presumption of innocence representative and several legal expression, or is the concrete content and the basic spirit of the presumption of innocence and inclusion, are a far cry from the.
Legal logic problems: the decision by the people's court according to law, for anyone found guilty? Whether the judgment needs to take effect?
Recommend the following: without the approval of the people's court to sentence, to any person shall be presumed innocent.
(this revision has not changed)
Beccaria
Beccaria (Beccaria, Marchese, DI) (1738-1794 years), Italy economist, jurist and the reform of penalty
His book "on crime and punishment" (1764) have considerable influence in the whole of europe. He called for the treatment of prisoners in a more humane way, calls for reform and improve the environment of the prison law. The originator of modern European and American criminal law.
Beccaria in "on crime and punishment" of "torture" section clearly pointed out: "in the judge before, a person can not be called" criminals " if we cannot judge that he had violated gave him the contract, public protection, then the society cannot cancel his public protection." This is the famous "the principle of presumption of innocence".

Six, evidence
96 years of criminal law forty-second: all facts that prove the true circumstances of the case, is evidence.

What are the problems of the regulation logic?

The definition and types of evidence
The new law of criminal procedure forty-eighth: can be used to prove the material facts of the case, is evidence.
The evidence includes: (a) evidence; (two) documentary evidence; (three) the testimony of witnesses; (four) the statement of victims; five) the suspect, the defendant confession and exculpation; (six) identification; (seven) the inquest, inspection, identification, Investigative Experiment record; (eight), electronic audio-visual material data. Evidence must be verified before it can be taken as a basis.

(1) the evidence of revising the definition (2) modified the types of evidence: the increase of "electronic data"; "an inquest, inspection record" is amended as "an inquest, inspection, identification of transcripts, Investigative Experiment record".
No crime, need proof?.
Driven by a strong desire to survive, Du Peiwu fling caution to the winds loud defense: "I did not kill! I was tortured to extract confessions!......"
The presiding judge fire: "you said no murder, you take out the evidence!"
             - "from the police to the death, from death to the police"

The burden of proof
Burden of proof of the defendant guilty of forty-ninth cases of public prosecution shall be borne by the people's Procuratorate, the burden of proof of defendant guilty the case of private prosecution shall be borne by the private prosecutor.

Seven, the privilege against self incrimination
Fiftieth judges, prosecutors 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 to collect evidence by threat, enticement, deceit and other illegal methods, 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, can be brought in to help the investigation. (the original 43 increase a sentence

Miranda warned
You have the right to remain silent.
If you speak, so every word you say will be used as evidence.
You have the right to an attorney, and to have an attorney present during questioning. If you cannot afford a lawyer, we will provide a lawyer for you free of charge.
In the interrogation process, you can require the exercise of these rights at any time, don't answer a question or does not make any representations.
The Miranda rule
              

             From the famous "Miranda rule" in Anglo American legal system, law of the right of silence.
            In 1966, American Supreme Court made a far-reaching ruling on Miranda v. Arizona, the ruling has become one of the most important criminal adjudication within American this century. In 1963, an unemployed 23 year old Ernesto Miranda, was arrested on suspicion of rape and kidnapping of women in Arizona, before the trial, the officer did not tell Miranda have the right to remain silent, the right not to confess sin. Miranda culture is not high, in this life will never heard of the world there are America fifth amendment to the constitution of such a thing. After two hours of interrogation, Miranda confessed to the crime, and signed the confession. Later in the court, the prosecutor presented Miranda's confession to the jury, as an important evidence to accuse him of a crime. Miranda's lawyers insist that, according to the constitution, Miranda confession is invalid. Finally, the jury found Miranda guilty, the judge sentenced Miranda to 20 years in prison. The case was appealed to the Supreme Court and the Supreme Court USA, finally overturned the district court's decision, the reason is the officer before the trial, no pre told Miranda should enjoy the constitutional power. later Supreme Court ruling to the police interrogation of suspects reiterated the rules: first, to tell the suspect has the right to remain. Second, to tell the suspect, their confessions may be used for prosecution and trial of their own. Third, the suspect has the right to have an attorney present in the news. Fourth, if he can not afford a lawyer, the court will be free for him to appoint a lawyer. These Provisions came to be known as the "Miranda rule". The police we often see films or foreign films to inform the suspect

The fifth amendment to the constitution content American
Without a grand jury indictment, people should not be sentenced to death or will be deprived of some public power on trial for felony; but in war or social turmoil, there are serving Navy or militia in the case, not in this case;
Citizens shall, for the same offence and two times by the situation in endangering the life or limb;
Shall be compelled in any criminal case to be a witness against himself, had to go through due process of law and to be deprived of life, liberty or property;
People's private industry, without reasonable compensation, shall be taken for public use.

    At present America constitution there were 27 effective amendment, 10 amendment was initially December 15, 1791 one-time passed, because its main provisions of the rights of the people and the government restrictions, therefore is called the bill of rights.
The suspect has no right to silence?

According to the provisions of human rights conventions: not to be forced self incrimination rights. The defendant the right to silence.
  1The provisions of the new criminal procedure law, (118): "the suspect of investigators question, shall truthfully answer." , "but irrelevant to the case, have the right to refuse to answer." responsibility, obligation and non
  2 , the new criminal procedure law article fiftieth "no person shall be forced to prove himself to be guilty" Right
  3Article sixty-seventh of the criminal law, : (Frank) truthfully confesses his crime may be given a lighter punishment.

The parties have the right to silence? Truthfully answer will aggravate the punishment?

Eight, illegal evidence exclusion
Illegal evidence: symmetric legal evidence, including torture to extract confessions, violence, program illegal obtained evidence. Also includes a form of illegal evidence; illegal evidence subject etc..
  For criminal suspects and defendants of torture to extract confessions, basic motive and purpose is to obtain a confession.
  Torture to extract confessions is banned repeatedly more than, mainly because the torture to extract confessions evidence not really get out, torture to extract confessions was "prohibited", but there is still a strong motivation and practical interest.
  Against torture to extract confessions: on the one hand because of torture to extract confessions made miscarriages of justice. More important, is the method itself savage and direct violation of human rights,   
  China has joined the Convention against torture , regardless of the true and false of the illegal evidence, shall be excluded.

To solve the path of torture to extract confessions
In fact, Mr JIM cited America police torture to extract confessions means, also exist in our country, in this regard, we and the gap between advanced countries and not. I thought, China torture to extract confessions problem exists, do not solve, can really solve, mainly depends on the solution to several problems: first, China police obtain confessions have legal basis, namely suspect, the defendant has the obligation to truthfully and excuse for sin rights. Since truthfully confession is a kind of obligation, it means we must open; once the opening, if the facts, of course with the police as the standard. If fundamentally solve the problem of torture to extract confessions, the right to silence is a problem that must be considered when legislation. The lawyer's presence, field recording method, if the lack of legislation and system reform, can not change the status quo of torture to extract confessions fundamentally. Second, the management system change, is to reduce or eliminate the auxiliary system of torture to extract confessions. Now the management of public security organs, and the investigation organ belong to one and the same authority. The detention center custody unit not only, but also to help solve crimes unit. The crimes linked to police their own interests. Third, the criminal trial can not achieve the purpose of relief. The current criminal trial, exclusion of illegal evidence, illegal procedure, the witness can not meet the minimum requirements of legislation. Peculiar to the one and only the prosecutor read excerpts from the testimony of witnesses, evidence form. At this point, other lawyers in the country is lucky, Chinese lawyers have hard as. In short, to torture to extract confessions problem must be solved from the legislative and institutional level. So, looking forward to good cop, not expecting a good system. This is my comment on the conclusion.
The new criminal procedure law of exclusion of illegal evidence in 54 - 58
Article fifty-fourth: "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. The collection of physical evidence, documentary evidence does not meet the statutory procedures, 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.    
         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."
What is the illegal evidence? Illegal, torture to extract confessions from 1, 2, 3, the procedure of obtaining evidence of violence.
    The Supreme People's court, the people's Procuratorate, the Ministry of public security "rules" about some problems of exclusion of illegal evidence in handling criminal cases in 2010

Prosecution, court, lawyers in the exclusion of illegal evidence in duty
Article fifty-fifth the people's Procuratorate received a report, complaint, report or the discovery of the illegal methods to collect evidence, shall conduct investigation and verification. To do to illegal methods to collect evidence situation, should put forward rectification opinions; constitutes a crime, shall be investigated for criminal responsibility according to law.
Process fifty-sixth court, judges that may exist in the fifty-fourth article of this law to illegal methods to collect evidence, shall be 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 materials.
Process fifty-seventh courtroom investigation in the legitimacy of evidence collection in, the people's Procuratorate shall on the legitimacy of the evidence collection proved. The existing evidence can not prove the legitimacy of evidence collection, the people's Procuratorate may petition the people's court to inform the relevant investigation or other personnel to appear in court to explain the situation; the people's court may notify the relevant investigation or other personnel to appear in court to explain the situation. The investigation personnel or other personnel also may request the court to explain the situation. After the people's court shall notify the relevant personnel shall appear in court.
Article fifty-eight for after the court, to confirm or cannot rule out the existence of the fifty-fourth article of this law to illegal methods to collect evidence, the evidence should be excluded.

How to prove the legitimacy of the evidence collection? Counsel for the illegal evidence, exclusion procedure?
The noodles have a bug
There is a well-known rule of evidence America law
This is a vivid metaphor: any person who finds a bug in my noodles in the bowl, he would never again to find only second, but went straight down the whole bowl of noodles.
Simpson case
In 1994 June 22 night, Simpson his wife and another man was killed.
Blood evidence
     The site and Simpson's the bloody Gloves A, is the same side, two gloves are the victim and the defendant's blood.
     The night of the home two buildings found blood socks, white horse found on automobile and Lane on both victims and Simpson in their residence outside;
Simpson hand injuries, inexplicable injuries.

The defense lawyer view
The police searched Simpson's house without a search warrant.
Socks on both sides of the blood completely the same, in violation of the basic common sense.
Gloves of blood is wet in the exploration, contrary to common sense.
The police officer took Simpson's blood returned to the scene.

The existing evidence can not be ruled out is the police ", also do not eliminate is other violence; not beyond a reasonable doubt.

 

Would rather escape one thousand, can not be wronged one.
In America in the judicial system, criminal case the convictive standard is "beyond a reasonable doubt". Specifically, in the court trial, the prosecution to accuse the defendant guilty, must put forward credible evidence to prove guilt. No doubt, any evidence have some doubts, but the jury only in certain evidence has reached the standard of "beyond a reasonable doubt", to sentence the defendant guilty.
What is "beyond a reasonable doubt" (beyond a reasonable doubt)? American evidence law authority Wei Gemo professor said, "the elusive meaning of this legal term, can not be defined". However, the term includes an extremely important principle: because the criminal case human life, so the jury verdict of not guilty is not necessarily that the defendant is innocent, as long as the prosecution evidence Chengting flaw is more, not to "strict standard of beyond a reasonable doubt", although there are signs that the defendants suspected of a crime, but the jury can still ruling the defendant not guilty. Some people say, one of the characteristics of judicial system is America "would rather escape one thousand, can not be wronged One", which is very vivid.
The Simpson case verdict
In October 3, 1995 1, the jury announced:Innocence

2, the families of the victims are very dissatisfied, so, they to the Losangeles District Court in civil litigation, the jury soon ruled that civil liability for civil death: Simpson to Nichol and Goldman. The amount of compensation of $8500000, and in the 10:2 vote advantage, ruled that Simpson to two members of the families of the victims to pay $25000000 in punitive damages.
 
The standard of proof in criminal cases and civil cases
Criminal cases: beyond reasonable doubt
Civil cases: high probability (preponderance of the evidence)

Nine, the standard of proof beyond a reasonable doubt
The new criminal procedure law sentenced to fifty-third of all cases have the weight of evidence, investigation and study, not credulous. Only the accused confessed, no other evidence, not the defendant is found guilty and sentenced to a criminal punishment; without the confession of the accused, the evidence is reliable and sufficient, can the defendant is found guilty and sentenced to a criminal punishment. The evidence is reliable and sufficient, the applicant shall meet the following conditions: (a) the conviction and sentencing facts have evidence; (two) according to the verdict evidence are verified by the statutory procedures; (three) comprehensive evidence of the case, the fact is beyond reasonable doubt.
Ten, the system of witness appearing in court
Article 187th: 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 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 new law: the witness is not to testify in court, whether to dominance in the court.
Proposals may be sentenced to life imprisonment or case, counsel that the witness should appear in court is necessary to testify in court.
The cross examination?
The witness system of mandatory court
     Article 188th: after the notice of the people's court without justified reasons, the witness did not testify in court, the people's court may enforce the court, but the defendant's spouse, parents, children.
        The witness refusing to appear in court without proper reasons or refused to testify, reprimand him, 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.

Forced to appear as a witness and exceptions (concealment)
Concealment
One of the principles of criminal law in ancient Chinese, between relatives guilty should hide each other, not turn and do not sin not to testify, whereas a crime.
Concealment is proposed in the spring and Autumn Period advocated confucianism. Three Kingdoms, Jin, southern and Northern Dynasties period, principle of kin concealment further confirmed. "Tang" on the principle of kin concealment made specific provisions, the provisions in the future in general and Tang Xiangtong, its content mainly has 3 points: relatives guilty of concealment, no crime; accusation should be hidden relatives, to sentence; there are two kinds of sin is not applicable principle of kin concealment: one kind is the rebellion, for regicide, conspiracy and other felonies, another kind is the certain relatives mutual offense.
The protection of witnesses appearing in court as a witness
Sixty-first people's court, people's Procuratorate and the public security organs shall guarantee the safety of witnesses and their near relatives. The threat of witnesses and their close relatives, insult, assault or take revenge, which constitutes a crime, shall be investigated for criminal responsibility according to law; not serious enough for criminal punishment, the public security administration punishment law.
Article sixty-second for the crimes of endangering national security, terrorism, organized crimes of the underworld crime, drugs, the witnesses and expert witnesses, victims when testifying in a lawsuit, himself or his close relatives and personal safety risk, the people's court, the people's Procuratorate 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) persons are prohibited from contacting witnesses, specific identification, victims and their close relatives; (four) to take special protective measures on human body and housing; (five) other necessary protective measures. The witnesses and expert witnesses, victims believe that witness in lawsuit, himself or his close relatives and personal safety risk, may apply to the people's court, the people's Procuratorate, the public security organ shall protect the request.

Eleven, compulsory measures

Summon
Bail
Residential surveillance
Detention
Arrest

(double, double finger, cyber pursuit)
Convention on Civil and political rights
Article ninth
Three, anyone arrested or detained on a criminal charge for the people, shall be brought promptly before a judge or other authorized by law to exercise judicial power officials, and has the right to trial or be released within a reasonable period of time. Persons awaiting trial prisoners should not as a general rule, but release may be subject to attend the trial should be guaranteed at any other stage of judicial proceedings, and the need to await execution times.
Four, any person deprived of liberty by arrest or detention, entitled to take proceedings before a court, that court may decide without delay on his detention is legal and if the detention is not lawful commands to be released.

The defendant before the trial application of non imprisonment should be general rules
Compulsory measures by the court to review the legality of
Bail
1, relax the bail conditions
Sixty-fifth people's court, people's Procuratorate and the public security organs in 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 penalty above, release on bail will not take the place of danger to society; (three) suffering from a serious illness, the life cannot provide for oneself, pregnant or breast-feeding her baby, release on bail will not take the place of danger to society; (four) detention period expires, the case has not yet completed, need to take bail.
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Sixty-ninth by the criminal suspect, defendant bail shall abide by the following provisions: (a) without the approval of the organ executing shall not leave the living city, county; (two) address, work units and contact information changes, in twenty-four hours to inward enforcement authorities report; (three) in communication time timely custody; (four) not to interfere in any form of witness; (five) shall not destroy or falsify evidence, or collusion. The people's court, the people's procuratorates and the public security organ may according to the circumstances of the case, shall be ordered to be criminal suspects, defendants on bail the following one or more: (a) shall not be allowed to enter the specific place; (two) with no specific staff meeting or communication; (three) not to engage in specific activities; (four) the passports and other travel documents, driver's license to executing organ preservation.
Mandatory measures for residential surveillance
Seventy-third 2, the hot topic on the Internet: residential surveillance shall be executed in the suspect, the defendant's; no fixed residence, can be specified in the residence of execution. For the alleged crimes against national security, terrorism crime, crime of particularly great bribery, in the shelter implementation may hinder the investigation, the approval of the people's Procuratorate at the next higher level or the public security organ, also can be in the designated residence execution. But, not in the place of custody, special case handling place execution. The specified home residential surveillance, in addition to not notice, should be in the implementation of residential surveillance within twenty-four hours after notification under residential surveillance, the families of the people.

The specified home executive, will not cause the investigation organ be held?

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Seventy-second people's court, people's Procuratorate or public security organ arrest conditions to meet one of the following circumstances, criminal suspects, defendants, can monitor the living: (a) suffering from a serious illness, life can not take care of themselves; (two) pregnant or breast-feeding her baby; (three) the spouse is not only life take care of the person; (four) because of the need for the special circumstances of the case or the handling of cases, to residential surveillance measures are more appropriate; (five) detention period expires, the case has not yet completed, need to take for residential surveillance measures. To meet the bail conditions, but the suspect, the defendant cannot provide a guarantor, do not pay the deposit, to residential surveillance. Residential surveillance shall be executed by a public security organ.

The suspect, the defendant seventy-fifth under 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 communications when timely custody; (four) shall not in any form the interference of witness; (five) shall not destroy or falsify evidence, or collusion; (six) the passport and other travel documents, identity 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.
Criminal custody
 3, the detention:
  Article second paragraph eighty-third: arrest, detention 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, terrorist activity crime notification would hinder the investigation of possible situation, should be in detention within twenty-four hours after notification, the detainee's family. After the investigation situation to disappear, it shall immediately notify the detainee's family.
Secret arrestDoes it exist?
Criminal detention is arbitrary and how to avoid?
Arrest
4, arrest
Article seventy-ninth there is evidence to prove the facts of the crime, may be sentenced penalty above the suspect, the defendant, to take bail pending trial is not enough to prevent the danger to the society, should be arrested: (a) may implement the new crime; (two) the real danger endanger national security, public security or social order; (three) may destroy or forge evidence, witnesses or collusion of the interference; (four) to the victims, informants, may take revenge against the implementation; (five) Dutch act or attempt to escape. To have evidence to prove the facts of the crime, may be sentenced to more than ten years of punishment, or there is evidence to prove the facts of the crime, may be sentenced penalty above, once an intentional crime or unidentified, should be arrested.

The old and the new law have what different provisions for arrest?
    Twelve, the death penalty review procedure (235 - 240)
  From January 1, 2007 onwards, review of cases for immediate execution of death sentence, the Supreme People's court all over. The implementation of the "retaining the death penalty, strictly controlling death penalty" of the basic policy of the death penalty, to prevent wrong to kill, the less kill kill carefully, plays an important role in. In the review procedure of death penalty provisions for criminal procedure law briefly, is not.      
Hidden danger: after all the death penalty review are charged by the Supreme People's court, the death penalty cases all misjudged case responsibility will fall on the Supreme People's court. This will be extremely serious damage for a national image of justice.    

The death penalty review the new law is composed of 4 increased to 6
Article 239th: 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.240th : the Supreme People's court review of death penalty cases, it shall 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.
Fifth series of special procedures
The mental patient first chapter minor criminal procedure chapter second mediation cases of public prosecution procedure, the third chapter of criminal suspects and defendants, escape, death cases of illegal income confiscated fourth chapter procedures shall not bear criminal responsibility according to the law of compulsory medical procedures
Thirteen, the three organs of public security coordination principle
Law of criminal procedure seventh: the people's court, the people's procuratorates and the public security organs shall, in handling criminal cases, division of responsibilities, cooperate with each other, mutual constraints, to ensure the correct and effective enforcement of the law.
(quite a number of scholars have suggested that the deletion of this principle, the retention).

 "Constitution" article 135th
  Division of labor criminal law article third of the three organs of the duties; 
  The criminal law article eighteenth has three agencies under the jurisdiction division;
  Essence? Public security organs three playing mahjong, lawyers to make up the numbers