The amendments to the criminal procedure law of Insider: power sector for the jurisdiction

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  • / Author: Aaron Lewis
　　This year, "the people's Republic of China CriminalCivil Procedure Law "(hereinafter referred to as" Criminal Procedure Law ") ushered in the second amendment to it since the establishment of the. The draft amendment to the provisions of a total of 110, more than half of the criminal procedure law was revised, is really a "overhaul". Since 2003 second National People's Congress started revising the plan, it has been ten years, ten years of debate, ten years of struggle, or even use the repair method, one can imagine the difficulty.

Criminal procedure law known as "constitution", with each citizen's personal freedom, human rights, democratic rights and property rights are closely related with the constitutional basic rights of citizen, is most closely related to a law. "Human rights" was written into the law of criminal procedure, "punishing criminals and safeguarding human rights" as the theme of the overhaul.

Since 1979 since the establishment of the criminal procedure law of our country, only in 1996 did a revision. And in the first amendment after seven or eight years, people have been calling for revision of the criminal procedure law. Because, with the rapid development of social economy, people's rule of law and the rights awareness increasing, the criminal procedure law also faces some new problems in practice.

In recent years, more and more strong. The Du Peiwu case, She Xianglin case, Zhao Zuohai case, hide and seek, caused by a series of cases strong repercussions in the society, not only highlights the lag of judicial philosophy, but also reflects the defects of the legal system.

But the criminal procedure law of the importance of long-term "proof" and "constitution" to overhaul the urgency is very hard. The protection of human rights, torture to extract confessions, citizens the right to silence, jurisdiction and so on many aspects, the legislative branch, scholar, lawyer, practice department (court, procuratorate, public security organ dispute). Repair difficult -- it is not only weigh the penalty crime and the safeguard human rights, but also the power and authority of the game.
Law makers and law enforcers ten years contest

The "significance" of the law, the time is long. From the legislative planning in 2003 were included in the tenth session of the National People's Congress since the criminal law, the second amendment went through 10 years. This is the practice of a representative "open legislation". The legislative branch not held ten seminars, extensive solicitation of scholars, lawyers, practice department (court, procuratorate, public security organ) views, and ultimately accepted part of opinion.

This time, by the folk law suggestion draft submitted a total of four, including three book by scholars completed, a completed by the lawyers. This is also our country lawyer for the first time to participate in this way amendment.

In Chinese "economic weekly" interview, on behalf of four scholars and lawyers to restore the previous repair process method discussion. This is flush with shame, quarrel, passive avoidance, a high-level mediation, and weigh the advantages and disadvantages of compromise.

A lot of "bifurcation point. But the differences is normal, the needs of various departments, the interests difference is very big, any national legislation would have this problem. After all the interests, concerns were raised, argue, quarrel itself is a good thing." Director, criminal Business Committee of the National Lawyers Association Kyoto firm partner Tian Wenchang on "economic weekly" said Chinese.
The parties are unable to agree on, how to change?

The 82 year old former president of China University of Political Science and Law, director of Honorary Research Procedure Law School Chen Guangzhong on this period of history is quite familiar with. Chen Guangzhong has been called "one of the founders of the new" criminal procedural law Chinese, 1996 to amend the criminal procedure law, the NPC Legislative Affairs Commission (hereinafter referred to as "the NPC Law Committee") is entrusted him to organize the group design proposal.

"In 2003, included in the revised ten NPC criminal law legislative plan, I remember that held the two or three symposium. At that time, deputy director of the NPC Law Committee in charge of criminal law is an Jian, Lang Sheng (the current deputy director of the NPC Law Committee) was the director of criminal law. Scholars and legislative suggestions are similar, but and the practice department, especially the public security departments have great differences." Chen Guangzhong on the "Chinese Economic Weekly" said, the scholars focus on procedural justice, protection of human rights. The legislature also hope that the reform can be larger, to amend the law, no progress. But the practice departments pay more attention to the case, pay attention to the collection of evidence, related to the constraints of their power, always opposed.

"For example, prohibition of torture to extract confessions, illegal evidence exclusion, the right of silence, once mentioned, no one agrees, simply talk about not approach." Chen Guangzhong said, "even, Ann and asked them, do you think what should change, how to change?"

Due to the views of all parties "to talk about not approach", plus "there is no strong tendency of the support", this matter was shelved.

"My impression is that in 2006, some discussion. Later, a tow, soon in 2007, Congress will be held. Because of the mutual understanding is inconsistent, conditions are not mature, the Law Committee also feel very embarrassed, very difficult to have what progress, then take the initiative to the leadership of the report, said that it was not possible to complete the task, it is recommended to put aside." Chen Guangzhong recalls.
In 2008 made a foreshadowing

At the beginning of 2009, the NPC Law Committee officially started the research to the amendment of the criminal procedure law scheme drafting.

"But the resumption of amending the law did not begin in 2009, a bedding in front." Chen Guangzhong points out, the judicial reform to restart the repair method has a very good chance -- 2008.

After the 17th, by the CPC Central Committee Political Bureau Standing Committee, Secretary of the CPC Central Committee Zhou Yongkang as the leader, the establishment of the judicial system reform leading group. In 2008, the Central Committee issued a "preliminary views" on the reform of the judicial system and working mechanism, a top-down judicial reform start.

"At that time to find the scholars have held several meetings, advice. The reform of points on the basis of this, a total of 60 point reform project, although not all about the law of criminal procedure, but a considerable portion of them, finally, should be resolved by the criminal procedure law." Chen Guangzhong said.

There is a "great achievement", is the "Regulations" two evidence -- "about the death penalty cases reviewed to determine the rules of evidence problems" and "about some problems of exclusion of illegal evidence in handling criminal cases, provisions".

"Exclusionary rule", namely the verbal evidence using torture to extract confessions and other illegal means to obtain, can not be taken as a basis. "This is before the discussion, the public security organs are not mentioned." Chen Guangzhong said.

With the 2008 to pave the way for judicial reform, court, procuratorate, public security organ's opinion, and the legislative branch, scholars, lawyers, gradually in the convergence. "Plus She Xianglin, hide and seek, Zhao Zuohai case, the public security organ is also great pressure." Chen Guangzhong said.
Citizens the right to silence debate

In 1996 some repairing method can not solve the problem, in which a repair method of. But this is behind the numerous rights and the balance of wisdom.

"No person shall be forced to prove his guilt" was written into the fiftieth -- it's easy to evoke a trial process has aroused public opinion backlash in the means of torture to extract confessions.

"This one link is" "international convention of civil and political rights fourteenth third, no person shall be forced to do against his own confession, or proof of his guilt. In view of the fact that China has signed the Convention, and the 2004 constitution was written into the 'human rights' principle, so the criminal procedure law should embody the spirit of such a." Research Center of Renmin University of China litigation system and judicial reform director Chen Weidong said. Chen Weidong is involved in the whole of the criminal procedure law amended a few scholars.

In this article, the public security organs against the views of relatively large. "Because the trial case is still the traditional detection methods, 'open his mouth', because the suspect most clearly what you do, you don't speak, I will force you to open." Another part of the revised law scholars, China Law Academy of Social Sciences researcher Wang Minyuan said on the "China economic weekly".

This is a really not simple progress. But several experts said, related to this, also left a regret "-- when the investigators suspect, should the law to inform the suspect confess to leniency."

"Obviously, there is a contradiction between the two. In reality, many caused by torture to extract confessions grievance, it is suspect, defendant 'law truthfully answer' obligations on. This time, the legislation will be 'no person shall be forced to prove himself guilty' written law, is a major breakthrough, to provide a legal basis for the statement does not, however, will not be because the suspect, the defendant is not confession will aggravate the punishment, should be frank, resist not strictly." Tian Wenchang said.

"As the real answer, from the law, but no light the lenient circumstances, but that does not mean we should be, or that he was innocent of the crime convicted him. The 'answer' the obligations it dry what? But in real life, with increasing trial strength excuse for some investigators outside, still have what meaning?" Wang Minyuan said.

Hongkong film in such lines often appear: "you can remain silent, but every word you say will be the evidence." In China, many legal professionals are called safeguard citizens "right of silence". But such calls in the public security organs there was met with resistance.

Generally, with a criminal suspect is an important way to solve the case, can cooperate with the public security organs to explain the situation, will save a lot of manpower and resources, in a timely manner.

According to people who declined to be named a repair method discussed in memory, the public security organ extraction attitude to "silence right" is very clear: "the right to silence, and we agree, but now conditions are not ripe, our police quality is not so high." "Besides, they are anxious, often so flush with shame. If we hold this topic is not put, they simply pass the director, even to the director of the conference, clearly do not want to play with you."

"The 'open his mouth', the traditional detection methods have not changed, want to torture to extract confessions, is very difficult. This law will play a role, but the change detection mode, idea, is clearly better than the legal provisions of the revised more arduous task." Wang Minyuan said.

Tian Wenchang said, "two ways to curb torture to extract confessions, is a video recording of the whole, is a lawyer present during the trial. 'presence' now has not been written into the law of criminal procedure, audio and video here, but so far, no one plays the video recording of the whole case in my experience." Tian Wenchang said, "what is more serious is that, to the illegal evidence, the lawyer demur, evidence, the court will be part of this evidence exclusion, but later, we took the same evidence, said this is not illegal, even more ridiculous is that the court has adopted."
"The legalization of technical investigation" is not easy

"Technical investigation" first public exposure, and was incorporated into the criminal law provisions, which makes the investigation organ with a special investigative means legal.

"This method in the past. We also have been adopted, but it into law is need courage and boldness." Chen Weidong told the "Chinese economic weekly".

In 2007, the NPC Law Committee took a criminal law article thirty-five of the draft amendment. Provisions made no mention of technical investigation, secret investigation of these special investigative measures this draft. Chen Weidong to find the law committee saw, said technical investigation police investigation has now become an indispensable means, and some special cases, like the drug crime, terrorism crime, crime of endangering national security cases, do not rely on technical means is unable to solve the case, it has become the various countries universal means, there are legislative provisions, why don't we?

NPC Law Committee reply opinion, technical investigation, the sensitivity, the founding of Mao Zedong has said a word, secret investigation cannot be used within the party, can not be used to resolve the contradictions among the people. The years, we carefully conceal mentioning of such measures, can only do not speak, write the law more unimaginable, the amendment of the criminal procedure law of the problems have been noticed, it is time to study, instead of legislation.

Chen Weidong found the Bureau of legislative affairs of the Ministry of public security organs to implement -- technical investigation. "At that time, the legal department of the Ministry of public security is Comrade Ke Liangdong, I said, 'Ke Bureau, technical investigation is to add a new detection method for the Public Security Bureau, why not talk in this problem?' He said, 'Weidong teacher, I told you the same view, but there are concerns about leadership. So, you write the article, I give you the leadership'."

Later, Chen Weidong wrote "the secret investigation legalization debate" published in full in 2007 thirteenth "security control".

"The leadership after see, decided to turn it into the criminal procedure law." Chen Weidong recalls, in 2011 seven or eight months, the Ministry of public security of technical investigation bureau and some of the staff and his team went to Shanghai, Wuhan, Xianning, investigation of technical investigation legislation.

"Technical investigation is a confidential work, the past foreign who are not open, we are able to go, is the competent public security minister personally approved. We got here, means these comrades to we watch the whole technical investigation measures,, I looked very shocked, technical investigative power." Chen Weidong said, "through legislation by the policy, technical investigation to the legal system of technical investigation. Clearly defined in the law of the technical investigation cases of crime, technical investigation, technical investigation means the examination and approval procedures, and the efficiency of technical investigation to obtain evidence, helps us to such a measure of regulation in the controllable scope, so that it can legally according to the law to solve."
The power sector for the jurisdiction

The process of the legislation is a game, not only between lawyers and scholars, practitioners, but also between different departments of power.

For the first time in the criminal law amendment, between the procuratorate and the public security organs occurred about jurisdictional disputes. "This is a major problem at that time. Among them, the case's Procuratorate duties zoned out a chunk to the public security, procuratorate does not do, had a bitter argument. Economic crimes, criminal tax, originally by the procuratorate jurisdiction, keep's Procuratorate crime this one now, almost all the other into. This involves a major adjustment scope of procuratorates and the public security organs, in addition to the Law Committee coordination, but also leading to high-level decision." Chen Guangzhong said.

In January 19, 1998, jointly promulgated by the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security, the Ministry of state security, the Ministry of justice, the NPC Legislative Affairs Commission "several issues concerning the implementation of criminal procedure law" clearly defines the jurisdiction between the departments prescribed problem, not in the purview of the transfer of other organs Management, and regulations, any does not conform to the criminal procedure law on jurisdiction provisions of the division of documents shall be invalid.

The amendment of criminal procedure law also encountered this problem. "Such as measures of technical investigation, the Supreme People's Procuratorate has the right to approve no problem, but who is going to perform? Prosecutors insisted on their own to perform. But some authorities think the public security organs to implement more appropriate, the provisions of the criminal procedure law, prosecutors decide measures of technical investigation, relevant authorities." Chen Guangzhong recalls, the Supreme People's Procuratorate also separately held a forum, in order to obtain the scholars and the support from all walks of life.

"Give you the power to him more, less, so, revised criminal procedure law, but also a practice game between power and power." Chen Guangzhong said.
"Human rights" regret

In November 18, 2011, the criminal law revised large-scale comments for a last meeting. Meeting the specifications also increased, the NPC Law Committee, the NPC Law Committee co sponsored, NPC Law Committee Director Li Shishi. The Central Political Committee a deputy secretary general to attend the meeting.

Scholars, lawyers are very cherish this opportunity. On the meeting, the participants before they were asked to comment on the draft, immediately. "We'll see, see where did not change, hurriedly." Chen Guangzhong recalls, "I put the 8 views at the time, many have adopted, but there are still regret."

"For example, 'human rights' terms, I start from 2003, writing articles, interviews, meetings, each will say. Some experts also support me. I also find Comrade Lang Sheng said, the protection of human rights should not write in, not too good account. He then gave an affirmative answer to say, we have to consider. Unexpectedly, wrote second there. The first is the purpose of legislation, is the second task, the meaning is not the same, the role is not the same. Tasks include many items, respect for and protection of human rights is a task which reduces the important position, it should have to concentrate on the main points, weakened its core value." Chen Guangzhong told the "Chinese economic weekly".

The legislature has two reasons: first, the criminal procedure law in the first "protect the people" clause cannot be removed, so that "human rights" can't write in; second, the criminal law is not the "human rights" was written into the legislative purpose.

Chen Guangzhong thinks, "protect the people" have accurate idea of. Not all of the people including national, especially the criminals are difficult to be included. As for the criminal law is not the "human rights" was written into the legislative purpose, the first law of criminal procedure, and then change the criminal law, precedent many.

"Beautiful articles written on, but can it work? The repair method, regrettable and is concerned, although in the legal principle put forward some breakthrough, but due to a lack of these principles of security provisions in the specific provisions of these principles, which is difficult to be implemented, even a mere formality. Public power is too strong, will cause the judicial impartiality questioned." Tian Wenchang said, "the rule of law in China has made some achievements, but still at the starting stage, I have called for at this stage, to reduce the flexibility of the judiciary, because there are still some problems, defects when the public power itself, once to give it some gap, it may grow, expand. When the whole society legal system, citizen consciousness is perfect, strict, and then gradually increase the flexibility of the judiciary."
The defense lawyer can reduce risk?

The lawyers have a word, a lawyer to handle the non litigation cases as the honor, to handle the case for shame, for civil and commercial cases as the honor in handling cases, to handle criminal cases. So many people think that, you are not capable of, do not have the ability to do criminal cases.

NPC and CPPCC during this year, Beijing city procuratorate Muping disclosed a data, the Beijing twenty thousand criminal cases, only 500 cases have the defender, the defense was 2.5%.

Tian Wenchang, by the industry as "the first person" China criminal defense, but because of the agents of some corrupt officials, profiteers cases have significant impact, also have "China four corruption accomplice lawyer of the first" title. Besides Tian Wenchang, the other three have been convicted. As a lawyer, he put a lot of comments from the defense point of view.

He is most concerned about the risk of attorney. Tian Wenchang has called for the abolition of the criminal procedure law of thirty-eighth from 1996, namely "defense lawyers and other defenders, may help the criminal suspects, defendants to conceal, destroy or falsify evidence, or collusion, threatening, luring witnesses to change their testimony or other interference in the judicial litigation activities. In violation of the provisions of the preceding paragraph, shall be investigated for legal responsibility according to law."

Tian Wenchang said, since the 1996 criminal law first amendment is added with thirty-eighth, corresponding to the 306th article of criminal law led to a sharp deterioration in the lawyer's practice environment. Nationwide some lawyers for the criminal law 306th stipulation in defense activities constantly in the process of being caught, so that in recent years the lawyer handling criminal cases continued to decline ratio.

"Since 1996, we have the statistics law was arrested more than 200 people have no statistics, more." Tian Wenchang said, the Beijing lawyer as an example, in 1990, the per capita handled 2.64 criminal cases, 0.78 per capita in 2000. Although no statistical data, but should be continue to decline.

"This, in our insistence, has made two big change, but we still think to completely cancel." Tian Wenchang said, "the law committee leader told me, thirty-eighth changed. A look at what I said to him, I can only thank you for half of the children."

The criminal law amendment to solve lawyer, scoring difficult, hard evidence, but also set up a two line of defense to pursue law responsibility: first, the lawyer case investigation organs outside the intelligence agency to handle, the avoidance system; second, to be informed of his law firms and lawyers association.

Tian Wenchang said, "from the party entrusts a lawyer, we hope to expand scope of authorization, from relatives to expand for the relatives and friends. Now so many floating population, it may be difficult to find relatives, colleagues, friends as a delegate may more easily. Right now, in addition to the three crime (Crime of endangering national security cases, terrorism crime and crime of particularly great bribery cases), to solve the basic. But I suggest the "major case" bribery to delete. In the investigation of suspected amount can be millions of yuan, really great, but finally identified may be only a few million yuan. The investigation rights lawyers are difficult to be guaranteed, especially investigation to the victim witness, after the prosecution and the court allowed it to a lawyer, the right of investigation of added a special restriction."

Technical investigation

Refers to the technology and equipment for the secret means of access to information carrier conducted, including monitoring, surveillance, monitoring, secret search, secret, secret records, interception of computer information, the use of equipment for positioning etc.. It with the secret investigation (by human being the secret acquisition case information investigation method) are collectively referred to as the special investigative means.

"Criminal Procedure Law of the people's Republic of China"

The second amendment thirty-eighth

The thirty-eighth changed to forty-second, is amended as: "to defend or 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, defendants suspected of a crime, the case shall be undertaken by outside counsel for the investigating authority. The defender is a lawyer, it shall timely notify the law firm or the lawyers' association."

"PRC Criminal Law"

Article 306th

In the criminal procedure, the defenders and agents ad litem, destroy or forge evidence, to help the parties destroy or forge evidence, threat, seducing witness to change or make false testimony, is less than three years imprisonment or criminal detention; if the circumstances are serious, three to seven years in prison.

The defenders and agents ad litem, provide, produce, citing witnesses testimony or other evidence inconsistent with the facts, not forged intentionally, not belong to forge evidence.
The criminal procedure law of memorabilia

The 50's of the last century

Start the criminal procedure law draft

The new China consider the development of criminal law, but the "anti rightist" after the start, the stop work.

The 60's of the last century

Start again

Second start stop again soon.

1979

Making the Criminal Procedure Law

In 1979, the NPC Standing Committee Organization, criminal procedure law drafting work third start, and passed in the year.

1993

The first amendment began

Before and after 1993, some scholars called for the revision of criminal procedure law. NPC Law Committee commissioned China University of Political Science and Law President Chen Guangzhong lead, began writing the criminal law amendment draft, draft team began to domestic and foreign research.

1994

Draft out

1995

Soliciting opinions and included in the legislative plan

In Xiamen will be the beginning of procedural law, scholars, to listen to the relevant departments for the amendment advice. The legislative process of criminal law amendment was included in the National People's Congress Standing committee. Then held a large-scale consultation forum.

1996

The first amendment of Criminal Procedure Law

In March 17, 1996, the eighth session of the National People's Congress by the fourth meeting of "the people's Republic of China on Revising the" Criminal Procedure Law > decision ", since January 1, 1997 1997.

2003

The re amendment in ten session of National People's Congress legislation plan

Folk again on the correction of criminal procedure law has been increased. In 2003 December, the criminal law revised in the Ten Session of the National People's Congress legislation plan, but by the parties disagree, the conditions are not ripe and is temporarily suspended.

At the beginning of 2009

Study on the criminal procedure law amended again

According to the work of the NPC Standing Committee, NPC Law Committee started the criminal law revised scheme drafting work from the beginning of 2009.

2011 August

The draft amendment to the Criminal Law Review

The eleven session of the National People's Congress Standing Committee of the twenty-second meeting of the draft amendment to the Criminal Procedural 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.

2011 October

The draft amendment from 70000 public opinion

As of September 31, 2011, the draft amendment to the Criminal Procedural Law 78000 suggestions.

2011 December

The draft amendment of second instance

The eleven session of the National People's Congress Standing Committee of the twenty-fourth meeting of the draft amendment to the criminal procedure law was considered again. The meeting decided that the draft amendment submitted to the five session of the eleven National People's Congress review.

2012 March

The draft amendment through

In March 14th, the five meeting of the eleven session of the National People's Congress vote on the revision of the criminal procedure law, implemented since January 1, 2013.
Chen Guangzhong: the pace again big point, will modify the better

The former president of China University of Political Science and Law, director of the Research Institute of Chen Guangzhong | reputation lawsuit oral

In 1993, law construction team

For me, life is the most critical moment of legislation from the beginning of 1993. In this year, the NPC Law Committee commissioned me to set up a team, the drafting of the criminal law revised suggestions, for their reference.

Why me? At that time, I was the president of the Procedure Law Research Association, President of China University of Political Science and Law China law. After we finish the annual meeting, to China law will write to newspaper. My students and I Wang Hongxiang (director of the Supreme People's Procuratorate judicial reform office) Co wrote an article, the modified procedure law reflect the views of the up.

This should be reported to the Standing Committee of National People's Congress was in charge of the legislative vice chairman Wang Hanbin saw. He appreciated the support, we will modify the criminal procedure law idea, as to how to modify, he also agree with me. He gave instructions. NPC Law Committee to take the initiative to contact me.

Clearly wrote in the written authorization of the NPC Law Committee gave me: don't look for the school together, didn't agree, leadership is not concentrated, in China University of Political Science and Law to do this thing. I remember, at that time, our school almost all criminal professors, teachers have participated in the.

In 1993 October, the group began to work on the domestic situation, on the one hand, carries on the investigation on the other hand quickly organized a group to foreign countries of the continental legal system. I served as the team leader, director of the NPC Law Committee of the criminal chamber Li Fucheng as deputy leader. We walk in a circle to the three countries that France, Germany, Italy. One study began to come back.
The progress of the 1996

In 1994 July, draft out, we report to the law committee. The law committee listened to our day's report, and then reference practice departments, comprehensive method for their opinions, draw up the draft amendment to the Criminal Procedural Law. Later, we statistics, in 1996 the amendment, our proposal of 65% content was adopted. Amendment draft out, after several modification.

In 1995, Xiamen will be the beginning of procedure law, also invite Law Committee relevant comrades, listen to the views of the scholars of law. The Law Committee Director Gu Angran personally led the criminal law, Law Committee Room Comrade almost all took part in the. They put the amendment draft to the annual meeting, representatives to the annual meeting. So, will become to solicit opinions. The annual meeting, scholars research unit of the University, but also from the substantive departments comrades, "Frederick Law public" have.

Finally, the legislative process of the Standing Committee of the NPC is included in the revised criminal procedure law, the legislative department held a large, hundreds of people took part in the forum. "To test public", security department, the Ministry of justice, lawyers, scholars have attended. Some of the Local Legislative Council also sent in, such as the higher people's Court of Jiangxi Province, vice president of Supreme People's court, the incumbent vice president Shen Deyong.

The seminar was divided into four groups, scholars and practice department mixed marshalling, about two or three days. Finally, a half day is the meeting, the group sent representatives to speak. When Congress makes a speech, Wang Hanbin personally participate in.

After the forum, Wang Hanbin asked his secretary to bring me into the reception room. He asked me what I thought, and points out two haven't solve the problem in the draft: one is "no punishment in doubt case", cannot prove the defendant guilty shall be guilty. This was implemented although there are difficulties, but the international, shall be in writing; two is the court should set the "summary", the normal procedure and the simple procedure, in order to save manpower and material resources. Later, these two issues, in the 1996 amendments have to re set.

Forum, is senior research, discuss, coordinate time. A larger debate relates to cancel a review. A review is coercive means an administrative compulsory measures, the impact of program. At that time, a review is a big pocket, people engage in, caught the evidence is arrested, catches no evidence on the release. We advocate a cancellation of the review, the Law Committee also agreed, but for the public security organs work takes a lot of effort. Finally, in 1996 the practice, a review was cancelled.
"Three back" to restore a

In March 17, 1996, the criminal procedure law revised for the first time. Domestic and foreign has no obvious murmur, but practitioners think, mind is liberated, pace is too fast. For example, the duration of the call warrant shall not exceed 12 hours. They always think the 12 hours is divorced from reality, in fact, is in line with the international general rule. This year's practice, is added to a, "major case, complex, detention, arrest measures need to be taken, summons, subpoena duration shall not exceed 24 hours".

The criminal procedure law overhaul, in preparation for a period of time, the NPC Law Committee the preliminary design of the provisions, seek practical departments, and then find a forum for scholars. From the beginning of 2011 before the Spring Festival, wildly beating gongs and drums forum three. Practitioners and scholars in the discussions, each of the twenty or thirty people. In May held a meeting. My feeling is, forum, although there are differences, but the consensus point expansion. In August the NPC Standing Committee, November 18th again. So I attended the five forum.

The morning of March 8th, the eleventh session of the National People's Congress fifth conference held the second plenary session, listen to "the people's Republic of China on the" criminal law amendment (Draft) "the description >. I told reporters after the meeting must progress at the same time, issued three opinions:

First, whether the witness to appear in court, the court said. Before the amendment of the statement is: "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." "Or" two words, I feel very good. But the final draft out "or", change occurs obviously tend to judicial organs, the people's court considers necessary, witness to testify in court. No matter the court decided the witnesses to appear in court or not, would be legal. It is easy to lead to some local judicial organ selective call or not call witnesses.

Second, is a little the practice I most unsatisfied. Sentence time on the court of first instance and the second instance, the new added a sentence, "because of special circumstances need to extend, be approved by the Supreme People's court." What special circumstances,? Don't say. Approval approval, what time? One year, three years, five years, once approved, is legitimate. Reportedly, in individual cases, such as related to foreign, not good hearing, you put first. But the amendment now does not provide the types of cases, is very fuzzy.

Third, the draft regulations, "the Supreme People's court review of death penalty cases, may interrogate the defendant". "Can" interrogating the defendant should be changed to "should" interrogating the defendant.

Third suggestions were accepted. I mention this "three back" is the solution to the 1/3.
Expect the judicial interpretation for the bug

In general, I always believed that, the law has made great progress, revised more than half provisions, than the reform we have expected, many bright, colourful part, especially the legal aid this piece. But I still have a regret, if further emancipate our minds, pace again big point, reform efforts to strengthen a bit, may modify the better.

My personal view is the legislature adopted a lot of. Personally, over the age of 80, to tell the truth, in practice it this time. Change every 16 years, I miss the next time. This time, I try my best, who I think will do, I must do. The meeting, will review, published an article, an interview with reporters, published online, I said. I want to try and make up for, can make up for a little a little.

For example, a witness, if not explain, we hope to resolve the difficulties of witness appearing in court expectations, may vanish like soap bubbles. Now we witness rate, less than 1% of the national average, I'm anxious.

Future a pressing matter of the moment, I think that is jointly or separately in the judicial interpretation, the practice spirit correctly carried out, put up some loopholes, if not the loopholes, but also to refine it, execute better.
If the criminal procedure law revised, how to change?

"The trial" provisions are to be improved

Amendment to the Criminal Procedural Law draft stipulates, "no person shall be forced to prove himself to be guilty". "The illegal evidence exclusion" system, also cut off the motive power of torture to extract confessions, the interrogation staff aware of torture to extract confessions, not only unable to obtain any benefit, the opposite may therefore violate the law, be held liable under the law. But the rules so far, even if complete?
Wang Minyuan: the trial lawyers should be present

In addition to the preventive measures, and subsequent disposal measures, if the occurrence of torture to extract confessions, the court should start the appropriate procedures to review, review of the legitimacy of the trial. To torture to extract confessions, this correction is incomplete and lack of. For example, has been called the "lawyer's presence at the trial right" can't be solved. The trial, lawyers, relatively speaking will contain a relatively complete, the program.
Tian Wenchang: the trial should be video recording of the whole

So far in our experience of the case without a broadcast video recording of the whole. The first case, the case handling organ that didn't record, the lawyer can't. Second kinds of situations, that is not recorded, playback, lawyers have no way. Third kinds of circumstances, more terrible, is part of the interception of recording interpret out of context, for example, have the suspects will be uniform, let him back content. This play edge ball, loopholes not only has no meaning, but also side effects.

Why "the defence rate low"?

The criminal law amendment to solve lawyer, scoring difficult, hard evidence, to pursue the Lawyers liability is also set up two lines of defence: outside need a lawyer case undertaking investigating authorities to handle, the avoidance system; must promptly notify the law firms and lawyers association where he. But the criminal procedure law "position" remains to be improved.
Chen Weidong: why "low status a criminal defense attorney"

Defense rate is low, the criminal liability shall be pursued in the vast majority of people without access to counsel.

First, the lawyers in the criminal defense work difficult, always blocked, meet the difficult, scoring difficult, hard evidence.

Second, the risk is big, many lawyers themselves eventually become targets of defense, become the defendant, be investigated for criminal responsibility.

Third, the effect is small, defence lawyers, judicial organs are often ignored, usually in the judgment is wrong argument analysis. This makes the lawyer felt work not recognized.

Fourth, economic interests, the relevant departments to strictly limit the counsel fee standard, together with the criminal case received only a few million, while the economic case for many can receive hundreds of thousands of yuan, millions of Yuan agency fees, and the amount of money involved.
"Witness" should also be changed

Investigation shows, the rate of appearance of witnesses the national average less than 1%. The criminal law revised draft stipulates, "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." Amendment to the Criminal Procedural Law eventually released, delete the "or" two words. In the eyes of many scholars lawyers, this is "backward".
Tian Wenchang: the key witness not appearing in court testimony, it cannot do the verdict basis

In the absence of the case, the court testimony is a form, a few years the paper quality certificate, quality certificate to this file to some of the testimony of witnesses, only both sides in chew. This problem is very prominent. The amendment to the Criminal Procedural Law have made some progress, but did not fundamentally solve the problem.

Sometimes it is not the witness is not willing to appear in court, procuratorate, court, but do not want to let him in court. The main fear of accidents, such as witness testimony has a problem, the process has flaws, once appear, will not stand testimony. Don't let get witnesses to testify in court, dare to suspect the conviction, that is the biggest problem. In fact, a word will solve the problem, the key witness does not appear in court, his testimony can not do the verdict basis. We've been calling, but has yet to be resolved.

"The judicial administrative work throughout the entire process of criminal procedure. The amendment of the criminal procedure law relates to the judicial administrative organ in charge of prison punishment execution, community correction, criminal defense lawyers, legal aid, judicial identification and many other work."

The judicial departments responsible person today (26 days) accepted the "Legal Daily" interview with reporters, the new criminal procedure law to further enhance the status and role of the judicial administrative organs to perform their functions of criminal procedure law, to further improve the judicial administrative organs and people's courts, the people's Procuratorate, the public security organ responsible for the division of labor, with each other, each other the judicial power allocation pattern, to further improve the judicial administrative legal system, to further promote the scientific development of judicial administrative work is of great significance.
The implementation of the system improve the characteristics of punishment

The responsible person said, the new criminal procedure law to further improve the Chinese characteristics of penalty execution system, further improve the imprisonment penalty system, make adjustments to the implementation of the system permitted to temporarily, expanded the scope of application, standardize law enforcement procedures, clear the case according to law and shall not be included in the term of execution in prison; a clear decision takes effect Yu Xing in 3 months or more criminals will be delivered to prison guards, narrowing the scope for execution of the.

At the same time, to further establish the system of community correction, clear the control, probation, parole and the temporary execution outside prison shall be stipulated by the criminal community correction, community correction agencies responsible for the implementation of.

In addition, the new criminal procedure law to further improve the lawyer's criminal defense system, expanding the scope of legal assistance in criminal litigation, and further rationalize the identification management system.
Prepare for law paved the way

The responsible person said, in recent years, in accordance with the overall reform of central judicial system, judicial administrative organs were fully prepared to adapt to the amendment of the criminal procedure act.

In 2003, the justice department lead organization to carry out community correction. After 8 years of practice, initially established the criminal policy of tempering justice with mercy community correction system. In January this year, "two houses" issued "implementation measures" to regulate the community correction, community correction work process, provides the system safeguard for the community correction work.

In early 2004, reform and improve the system of lawyers has been listed as the task of the reform of the judicial system mechanism. The lawyer law revised in 2007, enrich the content of the protection of lawyers' rights, and further standardize the practices of lawyers. The Justice Department has revised the "measures" the punishment of illegal acts of the lawyers and law firms, and further improve the practice of the reward and punishment mechanism, and regulate the practice. In 2010, the central decision-making deployment on Further Strengthening and improving the work of the Ministry of justice of law, proposes the implementation plan to do hair 30 document.

Legal aid system embodies the "socialist rule of law, the principle of equality before the law", has an important role in revealing the fairness and justice, maintain social harmony and stability. To this end, the Ministry of Justice jointly with relevant departments to formulate a series of documents, to further promote the legal aid work institutionalized, standardization. In addition, to further reduce the threshold of rescue, expanding the coverage of legal aid, effectively promoted the development of the legal aid work.

In 2005, the NPC Standing Committee on the administration of judicial authentication "decision" issued, marked the formal establishment of the judicial identification of the unified registration management system. Since then, "judicial appraisal institutions registered management approach" and a series of supporting regulations, normative documents issued, comprehensively promote the reform of the management system of judicial expertise. The justice department lead organization selects 10 national accreditation body, provide the condition for the identification of solving difficult, complex cases and multiple and repeated identification.
Formulate detailed rules for the implementation of

The responsible person said, this round of the criminal procedure law overhaul of judicial administrative work is very obvious.

It is understood, for the timely response to the new situation, new tasks and new challenges, the Ministry of justice will make specific comments made learning to carry out publicity, made for full deployment, promote the implementation of activity learning propaganda carried out in the administration of justice system deeply.

"This important law will be incorporated into the judicial administrative organs and relevant industry training plan, promote the judicial administrative organs at all levels and police officers, to comprehensively grasp the spiritual essence of legislation, an accurate understanding of the main content of legislation, strengthen the consciousness of implementation, improve the ability and level of law enforcement and the law, ensure the correct execution of all the criminal procedure law." The responsible person told the reporter.

In addition, in the process of implementing the "six five year plan", to the criminal procedure law popularization propaganda as the key content, extensive use of newspapers, radio, television, Internet and other media, widely publicize the significance, revision of the criminal procedure law of the basic spirit and the main content, good atmosphere to form respect, worship law, letter law, abide by the law in the whole society.

The responsible person also revealed, the Ministry of justice will jointly with the relevant departments, formulate the temporary execution outside prison shall apply, study and formulate further guarantee the right to a lawyer, criminal defense and regulate the practice of judicial authentication opinions, formulate a unified implementation procedures, to further standardize the related law enforcement work, practice. At the same time, in accordance with the unified arrangements of the legislature, clear focus on the related regulations, the Ministry of justice of the normative document, and promote the legislative abolishment of work, further improve the legal system of criminal litigation system.

The afternoon of March 20th, 6 criminal law scholars were invited to participate in the "Criminal Procedure Law on implementing the revised", common around the implementation of the new criminal procedure law the procuratorial organs will be faced with problems and challenges, brainstorming, discussion. This symposium is jointly sponsored by the high school legal policy research office and the people's Procuratorate "magazine".

The implementation of the new criminal procedure law, the procuratorial organs will face new challenge of new problems, the law revised in the litigation procedure, the procuratorial power need to comply with the new rules.

Professor Chen Weidong of Renmin University of China School of law said, "the relationship between the procuratorial organs to the criminal procedure law is very close, the public security organs mainly relates to the part of the criminal procedure, court trial part mainly involves the whole process, while the prosecution involving almost criminal proceedings. Revise the new criminal procedure law defense system, evidence system, system of compulsory measures, measures of investigation and trial procedure, and is closely related to the procuratorial organs."

China Criminal Procedural Law Research Association, China University of Political Science and Law professor Bian Jianlin think, strengthen legal supervision is an important mission of the procuratorial organ, the amendment of the Criminal Procedure Act, including evidence, defense, compulsory measures, judicial, executive, investigation and the creation of four special procedures, reflects the strengthening legal supervision. To strengthen the supervision of the criminal procedure of the procuratorial organ is an important content of modification of criminal procedure law, through to the end. Therefore, learning well understood well implement the new criminal procedure law, put forward the new request to the procuratorial organs.
One, good to carry out new criminal procedure law, we must first learn to understand

"Legislation, law enforcement more difficult". China University of Political Science and Law professor Fan Chongyi said, "96 years of our country criminal procedure law established the 'adversary' litigation mode and many advanced concepts, practices, and now back to the summary, seek truth from facts to speak, legislation is very scientific, implementation is not too good." Investigate its reason, the judicial staff generally felt concept development is very rapid, lack of learning, lack of understanding, lack of publicity. The amendment of the Criminal Procedure Act has taken new steps, the idea further update, there are many new rules, procedures, if you don't learn the judicial staff, do not understand, do not have a scientific and correct cognition, the new criminal procedural law is not well implement.

-- update idea, change idea, unified understanding

How to implement the new criminal procedure law? Good to carry out new criminal procedure law, the first to study well, a good understanding of. Only learning good understanding, good to use, but at present to study and understand the spiritual essence, modify the criminal law theory, the understanding of people is not consistent, differences are also considerable. Chen Weidong think, through the study of propaganda, the implementation of the new criminal procedure law, need to pay attention to the following two aspects:

First of all, to update the concepts. This is learning, carry out, implement a prerequisite for the new criminal procedure law. The law regardless of the system design is very scientific and perfect, law enforcement is not guide the judicial idea and advanced, and the system is rigid terms, not into actual judicial practice. Amendment of the Criminal Procedure Act has a new change, especially the respect and safeguard human rights to the general, stressed at the time of fighting crime, pay more attention to the protection of human rights, such a concept under the guidance of the public security and judicial personnel handling process is crucial. Secondly, to change the idea, unified understanding. The draft amendments to the new criminal procedure law to listen to the views of the community to publish to the society, makes a lot of this Law revisions attention. Until the time, there are a lot of different understanding. But since the National People's Congress has passed, then must be unified, unified law enforcement to comply with legal provisions. Especially the judicial personnel, must unify their thinking to the purpose of legislation, the legislative intent, not with resentment to implement. Of course, a lot of resentment from misunderstanding, many people understand the nature of the spirit of the provisions of the new criminal law is not clear, the development of the law of history is not very clear, because do not understand the cause of blind conflict. According to statistics, questioned the new criminal procedure law of the people, the criminal procedure law does not know there are 69% people, some people have a better understanding of the true understanding, less than 10%, which means there is a misunderstanding, it shows the importance of publicity to learn.

-- program mechanism on the provisions of the new criminal procedure law to a complete understanding of

Fan Chongyi put forward, several new criminal law important program operation mechanism, must fully understand. The witness which is a complete mechanism; prohibition of torture to extract confessions is a complete mechanism; the punishment of crime, crime, the means of investigation from the compulsory measures, until the special program is a complete mechanism. The new criminal procedural law in advance should be said to be a step ahead, in-depth study and understanding of the complete mechanism, is very important for the understanding of criminal legal problems, from the system, from the scientific understanding, will think impassability, mood, don't even willing to implement. The supervision of investigation and adjudication supervision also is such, those who lose control inevitably prone to corruption, to establish the right of supervision, in accordance with the principle of the balance of power to the new criminal procedural law, such ideas will improve and understand.

In order to guarantee the implementation of the new criminal procedure law, fulfill and strengthen legal supervision of procuratorial organ to criminal procedure, the current should pay close attention to the serious study, deeply understand, enlarge the propaganda, unified thought, improve knowledge work, establish the new criminal procedure law authority, and enhance the implementation of the new criminal procedure law consciousness.
Two, the development of the judicial interpretation, sooner rather than later

The judicial interpretation is China special law enforcement rules and security. After the adoption of other national criminal procedure law, the general is to follow the implementation of law of criminal procedure law. Our country is by practical departments issued judicial interpretation, so the practice departments on the one hand, to be faithful to the law, do a good job of judicial interpretation, on the other hand, should also strengthen and other law enforcement authorities, departments of communication, as much as possible in the system design and judicial interpretation of the level, reduce reduce conflict is not consistent. Bian Jianlin think, for the implementation of the new criminal procedure law, an urgent task of high school is to formulate and revise the relevant judicial interpretations, and the detailed rules for the implementation of the refinement process, careful system, enhance the operability of the new criminal procedure law.

-- the promulgation of the judicial interpretation and implementation details

Chen Weidong said, "now there are from the January 1, 2013 the formal implementation of the new criminal procedure law for a period of time, the public security organs during this period should seize the time to study, listen to the views of all parties, and then organize personnel to explain." He thinks, scholars and practitioners shall cooperate, research organizations, the convening of the forum, listen to the views of all parties, judicial interpretations formulated "sooner rather than later". "Especially changes the huge in the new criminal procedure law, the number of the judicial enforcement of the law must be unified, high school need to develop people's Procuratorate rules of criminal procedure, detailed introduced the relevant judicial interpretation." Chen Weidong said.

Fan Chongyi puts forward, to study and understand the new criminal procedure law should adhere to the four standard, also has guiding significance for the introduction of judicial interpretation. First, in accordance with the criminal law theory, just enjoy the power, must have the mechanism of restraint and oversight, according to this standard and consciously accept supervision. Second, as long as their legal rights, must fulfill corresponding obligations. Third, as long as there is compulsory, once does not fulfill the duty to accept the punishment, there are penalties. Fourth, identify the procedure law, as long as the legal authorization, must mature set of sanctions established in law. So, the new criminal procedure law to strengthen the legal supervision, strengthen the procedure sanctions, and strengthen the punishment measures. Fan Chongyi for example, "such as the illegal evidence should be excluded, it is necessary to establish a set of procedural sanctions, legal provisions do not only, more regulations do not punishment, it is a complete system of criminal procedure law."

-- to judicial interpretation power expansion

Professor Song Yinghui of Beijing Normal University School of law, the procuratorial organs should make full use of the powers conferred by law means, but also restrain the expansion of power. The new criminal procedure law revised in fact in many aspects of the procuratorial organ function of litigation and litigation supervision have expansion. On one hand, the law gives the prosecution power, but on the other hand also to expand restraint power, because the public and some scholars worry a problem, then gives the power, there may be some not general provisions, provisions but rather the exception, but is worried that the prosecution in the judicial practice it general. Song Yinghui for example, "such as the lawyers met with the exception of the suspect in custody, the procuratorial organs face not the approval is not approved, should be approved to approve. If not approved, it just fulfilled society concerns. This is the expansion of the power of self-restraint, to pay special attention to." He suggests that we should apply through the judicial interpretation or the case guiding norms of power.

If residential surveillance decision and implementation supervision, strengthen supervision on the decision and implementation of the public security organs, the decision and implementation of crimes to supervise, it needs to have the internal supervision mechanism. Song Yinghui said, the public security organs, the provisions of the new criminal law of residential surveillance has actually become alternative measure of arrest, arrest is the need to go through the procuratorate for examination and approval, and residential surveillance decided by the public security organs, so the supervision of residential surveillance should be strengthened, and also has a detailed explanation.
Three, the work mode of procuratorial organs need to adjust

Increase the adjustment, system in the new criminal law content change, program, must make the judicial organs work mode including procuratorial organs, change, cannot put the focus on the acquisition, more cannot rely on to take the threat of violence, torture to extract confessions, or lure cheat illegal methods to obtain evidence that. Procuratorial organs should be emphasized and civilized law enforcement, law enforcement. At the same time, institutional change is bound to change working mode of procuratorial organs.

According to the new changes -- start to adjust working mode widely

Such as the return of file transfer system. Chen Weidong for example, 96 years of criminal law will be "the case" to "list of evidence, the main evidence photocopy transfer", the provisions of the new criminal procedure law to implement case regression, public prosecution at the same time, the case file and evidence, material shall be handed over to a court, which will affect the public prosecution working mode.

Provisions of compulsory attendance of witnesses, as Chen Weidong suggested, the criminal witness rate is very low, generally by the public prosecutor oral prosecution witness testimony, witness testimony is simple. Once the real to the witness stand, both sides of the witness testimony interrogation, vary from minute to minute, will put higher demands on the public prosecution work mode.

Again, the death penalty review procedure changes, high school involved in supervision, how to put forward opinions? And as the designated home residential surveillance, the designated surveillance residence is fixed or mobile, the procuratorial organs supervise? These are the provisions of the new increase, to the procuratorial work puts forward new mode change subject.

Finally, such as witness protection, the procuratorial organs to carry out the procuratorial organs? Not only self investigation cases involving the witness protection, investigation by the public security organ case prosecution procuratorial organs also face problems in witness protection review. Chen Weidong believes that the three organs of public security should not distinguish the stage of the proceedings to protect the witness, as long as the public security organs in three machine to find any, it will try to protect obligation. In addition, should establish what measures, is also a new subject. So, the procuratorial organs shall proceed in the aspects of the work mode, carries out a thorough research, especially in the legislative purpose and meaning is the starting point of the research.

Song Yinghui thinks, the procuratorial organs should handle cases strictly in accordance with the law, and actively carry out the mechanism innovation. China has a vast territory, around the development is very uneven, some of the principles of law, how to implement the specific implementation of the time, still need according to the actual situation. For example, the law crime of minors as bail, may provide a unified national pattern is very difficult to pass.

-- strengthening the prosecutor's personal quality education and training

To cope with the challenge, the more the need to strengthen the prosecution team building and personnel training, Beijing City People's Procuratorate Deputy procurator general, Renmin University of China Professor Zhen Zhen should education six aspects to strengthen the prosecutor and culture. First, the prosecutor must establish the idea of respecting and protecting human rights. Second, the prosecutor should establish the legal supervision of consciousness and philosophy. Third, the prosecutor to positioning adhere to legal watchdog, overcome in law enforcement and litigation supervision and its weaknesses, such as the ability is not strong, not supervision, not good at supervision problems. Fourth, the prosecutor must set up the consciousness of evidence, "proceedings is to make evidence, rather than on the prosecutor dominance". Fifth, the prosecutor should establish the concept of procedural justice. Sixth, the prosecutor must set up the lawsuit benefit concept. Only under the direction of scientific ideas, strengthen the prosecutor's personal quality, can be helpful in changing work mode, new requirements, the proposed deal with the new challenges of new criminal procedure law.

-- deepening the reform of the procuratorial system fundamentally

Professor Chen Ruihua of Peking University School of law, to adapt to the new requirements of the reform of the criminal procedure law, fundamentally still need to deepen the procuratorial system. China's current judicial system has experienced more than 30 years, say strictly from the last century 50's initial formation to the end of the Cultural Revolution reconstruction and then to now, has gone through more than 60 years. During this period, China's social, economic, political, cultural aspects have undergone changes in turn the world upside down, the judicial system must make corresponding adjustment. China has made great efforts in the judicial reform, gained the success that attract worldwide attention, but there are many places with the society development, legal requirements do not match, so the timely adjustment of the working mechanism of judicial organs in inappropriate management mode, working mechanism, make procuratorial work can go in front, to defend the constitution and laws dignity, maintenance of procuratorial organs of the credibility, this is the only way which must be passed, deepening the reform.

Fan Chongyi suggestions, hope that the procuratorial organs of the correct depth the new criminal procedural law concept, the content of learning, from institutions to set up personnel changes, and then to improve the quality of personnel, especially with the law enforcement officers core value the view and Cao Jianming attorney general proposed "six views", to improve the quality of the basis of procuratorial officers on the service, construction, organization construction, human development and the new criminal procedure law to carry out combined, ensure that the new criminal procedure law in the judicial practice, play a role in earnest.
Four, in the face of the new mechanism, new procedures, procuratorial organs to cope with a new challenge

As a legal supervision organs, directly accept in handling criminal cases, should be strict with oneself, the strict law enforcement, play a leading and exemplary role, set a good example, strict law enforcement of the law. To co-ordinate the procuratorial organs bear the litigation and litigation supervision function, innovation mechanism, adjustment mechanism, in order to adapt to the new criminal procedure law on litigation supervision of new changes and new requirements, in order to cope with the new criminal procedure law of the implementation of the new challenges to the procuratorial work. Therefore, experts and scholars and practitioners consensus.

The amendment of the Criminal Procedure Act, is the prosecution supervision functions, many of the provisions are made to further improve. As to further improve the supervision scope; to further improve the supervision measures and supervision procedures, set up the legal system guarantee good for procuratorial organs effectively perform the litigation supervision. Work in the new criminal law of procuratorial organ requirements for the next step, the key is to implement the.

The implementation of the new criminal procedure law, give full play to the litigation supervision function, to cope with new challenges in many aspects:

-- response to the exclusionary rule of illegal evidence challenges

Chen Ruihua points out, the new criminal procedure law for the procuratorial organs of the public prosecution department effects may be larger is the exclusive rule of illegal evidence. Illegal evidence exclusion rules more detailed provisions were made in the five provisions of the new criminal procedure law, the court acted as "program Tribunal", actually a bit like administrative proceedings, but not entirely, because it is not the object the legitimacy of administrative act, but the legitimacy check behavior.

In such a procedure, the procuratorial organs may have three roles, one is the responding role, once the exclusion of illegal evidence, the prosecution evidence was weakened, the prosecution will be affected. Two if the procuratorial organs self investigation cases for investigation, prosecution of procuratorial organs themselves, in the role of the examined. Three if the case in the trial stage, the procuratorial organs became a judge of the illegal evidence, can be directly issued a decision, investigation activities done on the investigation department has no illegal to make a "referee". Three roles in the procuratorial organs one, from the point of view constitute a hitherto unknown change ways of thinking. This is undoubtedly the procuratorial organs prosecution work, ways of thinking, working mode and how to treat the court's concept, constitute a challenge.

-- response to the examination and approval of the arrest of program challenges

Change the conditions of arrest procedures, the past is necessary to arrest the general condition of concrete, for example there is no possible escape, obstructing possible and so on, the procuratorial organs examine the arrest of more concrete, actionable. Chen Ruihua thinks, review of arrest from the procedural point of view, not only to the suspect, and listen to the counsel's opinion, which introduced the action of the factors. Chen Ruihua in the pilot experience in Shandong as an example to explore the grass-roots procuratorates, public hearing system let not arrest cases to public hearing. The judicial practice not to arrest the hearing, but undoubtedly, prosecutors examined arrest to listen to the opinions of the Department, but also to listen to the opinions of the suspects and defendants. The arrest has very important significance in the criminal procedure in China, if the criminal judicial likened to a river, it is the upper reaches of the river, once approved the arrest, suspend the subsequent procedure is often difficult. So in the present case, investigation and supervision departments should assume more responsibility, strict quality control.

Sentencing procedure -- deal with challenges

The new amendment of the Criminal Procedure Act, the procuratorial organs are not strange, many of them are in recent years in procuratorial work, in the general pattern of judicial reform, the procuratorial organs have been actively promoting the work of. Zhen Zhen said the analysis, such as the independent sentencing procedure regulations, provisions of the sentencing suggestion on the amendment of the Criminal Procedure Act, "the process of trial, conviction and sentencing, on the facts, evidence should be investigated, debate." Seemingly short articles, but in judicial practice of the procuratorial organs put forward challenge is very big. The judicial practice of first-line prosecutors, in summary of sentencing suggestion work experience, summed up the following new understanding:

A prosecutor in the case, should strengthen the awareness of sentencing. Public prosecutor is a sentencing suggestion system implementation, we must set up the consciousness of sentencing. But this awareness is to be in the performance of specific action behavior. For example in the case review should be strengthened on the details of the review, including the suspect's consistently, identity, motive. In the review to strengthen these details in the interrogation, review discussion transcripts, to reflect on how to make sentencing recommendations and make sentencing recommendations range problem. Two is provided for sentencing recommendations for the procuratorial organs in performing procuratorial functions bring new challenges. Such as how to make the procuratorial sentencing proposal and the judgment of the court is not too much? How can we stand on the basis of reason and law, and maintain the judicial authority? If the procuratorial organ has put forward judicial proposals, but not to the judicial support, which will cause the social doubts on the credibility of the judiciary. The challenge to both the prosecutor and the judge is objective existence.

Zhen Zhen pointed out, in the judicial reform and the new criminal procedure law to carry out, only to such a point of the specific implementation, requires prosecutors improve various aspects ability in the case and the court sentencing debate. Specifically, one is to strengthen the procuratorial organs own sentencing standardization construction, further improve the system of sentencing suggestion system, so as to improve the level and quality of sentencing proposal. Two is to case the defendant's subjective malignant, severely or leniently mitigating circumstances such as a comprehensive analysis, according to the sentencing recommendations on the basis of scientific evaluation. Three is to comprehensively and objectively look at the difference between sentencing recommendations and the court, to fully respect the court's decision, but also to strengthen the study on the court case and case, fully grasp the rules and characteristics in the sentencing court.