Liu Guiming ":

The amendments to the criminal procedure law case, the introduction of the new, full attention from all walks of life and There were many discussions. Both the balance between public power and private right, also has the coordination problems between the allocation of power and authority restriction, more right relief and the exercise of the rights of the matching problem between the.

At the same time, we also read professor Chen Ruihua and other scholars worry, also realized many lawyers worry, also felt the civilians heart sorrow.

In any case, let us together to appreciate and compare the amendments to the criminal procedure law scholars eyes.

Chen Ruihua: worry amendment to the Criminal Procedural Law

Release time:2011-09-03

　　In order to avoid the ordinary citizen is the casual listener, private property be confiscated, the innocent "mental illness", legislators should be set to guarantee the rights and remedies necessary for relevant peopleSequence.

Criminal procedure law of fifteen years after the overhaul, released from the current draft, highlights many, such as the media focus close relatives can testify in court, any person may be forced, illegal evidence exclusion rules are rejected, the criminal procedure law of our country no previous system, some of them return to human relations, some is conducive to the protection of human rights closer towards the direction, it is progress.

Carefully read the 99 articles of the draft, there are three additional provisions caught my attention.

Surveillance, wiretapping without a corresponding control measures

The draft stipulates the procuratorates and the public security organs technical investigation right. The technology and the right of investigation, also called the power of secret investigation, the investigators use telephone, mobile phone hacking, secretly tracking the location of high-tech means, the special investigative means the suspect in the secret state. Before practice, public security and state security organs in the use of secret investigation, the public security organ to expressly authorized four "serious harm to society of criminal cases" suitable technical means of investigation, the first to allow Procuratorate in the midst of bribery and corruption cases make technical investigation right. The public security organ, the procuratorial organs to exercise the power of secret investigation is no ground for blame, it can make the investigators to obtain evidence, documentary evidence and more verbal evidence widely, don't rely too much on suspect's confession, can prevent torture to extract confessions. In addition, because the testimony of a witness in the club, also can prevent the retraction, easy to take the case as the iron. There are such provisions the law developed countries and regions.

But, has the huge risk because of the secret investigation power than search and seizure, detention, arrest, it infringes on the rights of citizens to be much more severe, the dignity of personality, the constitution of personal freedom, personal privacy right more easily in the presence of these methods of investigation of the damage, the use of measures of developed countries and the area has made strictly limited.

First of all, the use of secret investigation power to a neutral judicial organization which the court to review and authorization, absolutely can not let the investigation organs have approval authority. At present, the provisions of the draft is the Public Security Bureau and procuratorate can own approval, self empowerment, this departure from the power of the principle of mutual restraint, it is easy to cause what how convenient, once the abuse, will cause the fear. Secondly, the technical investigation power should have time and frequency on the limit, in the effective period if you want to keep the secret investigation, must re apply for permits. But the draft put very open, the provision of effective once approval within three months. This means that as long as approved on a citizen's secret, secret video recording or mobile phone positioning, three months can be 24 hours a day with your monitor, and can be extended indefinitely, time is unlimited, easily lead to the abuse of power. Third, many countries have regulations, secret investigation power as long as there is abuse of suspects, as a "victim" of the suspects, defendants can sue to the court, to start the procedure of excluding illegal evidence, the trial without approval may also appeal to the higher court. But throughout the draft provisions of Article 99, the technical investigation once the abuse without any means of relief, can not apply for the superior court declared invalid, can not apply for the courts to enforce illegal evidence exclusion, private cannot get effective remedy.

How to prevent the "Cultural Revolution style raid"

The draft also has a new property confiscated illegal income program. If the suspect, the defendant appeared to escape or death situation, after the court judicial procedure, can in no conviction of his case, confiscate its illegal gains "". It should be said, any illegal proceeds of crime booty to turn over to the state treasury, this is no ground for blame. What I worry about is, treatment of public security organs and the stolen money with interest the case implicated. The practice is often stolen money after a few turns, has not turned over to the state treasury, but disguised into public security organs in handling cases. So, how to eliminate this phenomenon appear? From the point of view of system design draft at present, such as the procuratorial organs start program, the intermediate court formed a collegiate bench trial, the court issued a notice of a series of procedures, is undoubtedly have been considered. But the problem is, the investigation organ as corruption, bribery cases procuratorial organs, to start the foreclosure, which itself is not objective and neutral concept. It is easy to give that impression: the procuratorial organs to recover "booty" to start a civil procedure. On the other hand, the suspect, the defendant whether "crime"? In the suspect, defendant escape or death situation, the court how sure he is a crime? According to the law of our country, the defendant cannot be absent the guilty verdict, the defendant death cases should be terminated immediately. If a person because of escape, death cannot be declared legally convicted, then, what is "the proceeds of crime booty" say? Not only that, this procedure involves deprivation of the property rights of citizens, need to establish a strict procedure, especially for the interested parties of the property rights should be effectively guaranteed. For any suspected of crimes of embezzlement and bribery jumper or deceased, what are the proceeds of corruption which are legitimate income, which is his property which he common residence property, must points clear, if not clear, so the confiscation of property is likely to become the Cultural Revolution style the raid. Once the situation is not stopped, then, the so-called "the inviolability of private property" will become empty talk. You know, in the bribery and corruption and terrorism cases, the defendant is often more affluent people, usually confiscated hundreds of thousands of billion of assets, and the confiscation of property procedures, and provides no guarantee rights more fully to the interested party, without the establishment of property division program, nor on the case handling organ attachment, seizure, freezing property of power to make the system efficient, I worry that this will bring very dangerous consequences.

"The danger is mental disease"

There is a new program, is the mental patient violence forced medical procedures. The mental patient violence should be compulsory medical treatment, establish the procedure itself in the justification is no problem. My concern is that, in practice there have been very few public security organs of the petitioners, minor offenders directly as a mental patient of compulsory medical situation, the authorization of legislation will legitimacy not reinforced this practice? In view of this, the criminal procedure law is necessary for this kind of behavior to establish strict legal procedures, regulate the public security organs of power, to avoid the innocent citizens as the object of compulsory medical. First of all, the current draft of the regulations, the court formed a collegiate bench of the trial, in line with the conditions, make compulsory medical decisions. I think the key lies, what mechanism, which experts found the accused person suffering from mental illness, to what extent can be sent to compulsory treatment of mentally ill defendants? The criminal procedure law should have a special system design. The minimum requirement is, appraisal institutions must be neutral, must construct the identification procedure type. A citizen is said to be mentally ill, why can't he ask a psychiatrist that he no psychosis, psychiatrist and police confrontation, let the judge it? And if only allow the public security organs appointed appraisal agencies themselves to identification of trust, a psychiatrist, but does not allow the defendant to the party so, want to who become mental disease is not a difficult thing. Secondly, the compulsory medical treatment, whether criminal procedural law establishes the complete protection of the rights and the judicial relief mechanism? From now on the provisions of the draft, the "mental illness" the defendant does not meet the conditions of legal aid, if they cannot entrust lawyers, the court did not assign them to defend obligation. The defendant is found mental illness, and is determined to compulsory medical treatment, not the right to litigate. Obviously this will result in the abuse of public power to worry.

Both the technical investigation right, confiscation of property procedures or mandatory medical treatment, has its necessity, but the provisions are very easy to the constitutional rights of citizens of damage, if legislators according to restrict public power, private right balance referee's philosophy, for the relevant human rights is necessary and the relief program, to prevent abuse of power in a certain extent.

Source: Nanfang Weekend | sources date: 2011-09-01 | editor: anisotropy

Lawyers' full participation in a solid step towards improving the defense system

In 2011 09 months 02 days Authors: Zhou Bin Source: Legal Network

Diagram for a lawyer to the detention center to meet with the criminal suspect. (picture)

□ judicial attention

Newspaper reporter Zhou Bin

In August 30th, many lawyers China spent a sleepless night.

On the afternoon of the same day, the National People's Congress announced the full text of the draft amendment to the criminal procedure law. The draft to make major adjustments to the lawyers to defend the status, the current criminal procedure law in right etc.. Due to different understanding, expected, lawyers or excited, or anxious.

How happy how much regret, this is the criminal Bar Association Professional Committee of the Secretary General Han Jiayi repeated to see the real feelings of several times after the draft.

"In the current criminal law, there are a lot of progress of local draft, will further promote and improve our system of criminal defense, but I expect some gap". Han Jiayi today accepted "Legal Daily" reporter the interview said.

To confirm the detection stage defense position

As representatives of the National People's Congress, attorney Liu Ling in recent years have been calling for a revision of the criminal procedure law, "the investigation stage to establish legal counsel position" is one of her urge content.

It is understood, provided by the current criminal procedure law, criminal suspects, defendants in the investigation stage can only hire a lawyer to provide legal help. While the draft adjustment, the criminal suspect is interrogated by investigation organ for the first time or to take coercive measures to date, has the right to entrust defenders.

"Only confirmed the defender position, lawyers can exercise more rights, is ultimately to better protect the legitimate rights and interests of parties." Liu Ling told the "Legal Daily" reporters, the past, the parties met with lawyers in the investigation stage, often only to the parties such as crime constitution, the popularization period of legal knowledge, once asked the case, then by the investigation organ staff side accompanied interrupts or even cancel meeting. The investigation organ and even the "has provided legal assistance" as an excuse to stop second meeting with the parties, lawyers.

It was felt that the detection stage attorney limited role, Liu Ling said not willing to participate in the criminal proceedings in the investigation stage. But that is not the case.

Han Jiayi recently in the western provinces of criminal defense lawyers were more survey found, their agents in criminal cases, the investigation stage to participate in the proportion of only 10%, "but the investigation stage without a lawyer involved in some criminal suspects, even the crime and non crime are not clear, do not know to have the amendment and supplement of transcripts of the right sign first, this will have a significant impact on the future of conviction and sentencing".

Han Jiayi thinks, the establishment of the counsel status, the lawyer and the investigation organ with open channels of communication, the lawyer can in time for the rights and interests of the parties voice. For example, proposes the charges of inappropriate, the parties are not suitable for detention should bail to the investigation organ may, when the parties to the evidence, may also require the investigation organ in a timely manner to collect.

"The draft amendment also stipulates, defense lawyers put forward written opinions to the investigation organ, shall be attached, then to supervise the investigation organ function, to prevent the omission, let the criminal activities more transparent and fair." Han Jiayi said, the draft amendment for lawyers to participate in litigation, is a major breakthrough, is for improving the defense system solid step.

I hope the criminal procedural law lawyer law fully converge

In the criminal law amendment process, the right content can interface with the lawyers law and implementation of all criminal defense lawyer, is the most concerned problems.

Zhang Jinlong of director of criminal Business Committee of Hebei province Lawyers Association has 18 years of experience that the provisions of criminal defense, criminal procedure law, cases involving state secrets, lawyers shall be subject to the approval of the investigation organ, the investigation organ may send personnel to the presence of. In practice, some investigative organs tend to expand the "state secrets" category, and delayed, leading lawyers can not be timely or not to meet the parties.

Lawyer law by practicing certificate cards, will have the right to meet with the parties, not by monitoring provisions, once let the lawyers to see the crack "meet difficulty" hope. However, "lawyer law is aimed at the lawyer's law, we execute criminal procedure law", "criminal procedure law is the basic law, stronger than lawyers law" and other ideas emerge in an endless stream, is still difficult to meet.

"In order to solve the criminal procedure law and the lawyers law conflict, documents of Hebei province finance department has issued an 5 out of the lawyers law, but the effect is not ideal." Zhang Jinlong said, in May this year he agent in case of intentional homicide in Hebei, ate cold-shoulder treatment meets with clients. The said not received files, still implement the provisions of the criminal procedure law; the investigation organ according to law enforcement, do not apply, both sides push, finally until the stage of review and prosecution before the parties.

See the criminal law to solicit public opinion draft amendments to the text, Zhang Jinlong some regret to say, "the draft and shall promptly arrange, or shall not exceed 48 hours", "that is to say I went outside to meet with the parties, probably third days to see".

Liu Ling is also looking forward to the criminal procedure law and the lawyers law to fully converge, "or two laws there has been conflict, the law of the serious and strict". She further, if we do not define what national security crime, terrorism crime, the investigation organ may have suspected of murder and robbery to terrorist who refused to meet.

Limit the number of open defense proposals

Han Jiayi said, the draft of the detection stage defense position, right, the right of reading and the scope of legal aid have been involved and perfect, really make people feel happy, but only these Provisions are not enough.

"Legal Daily" the reporter saw, in the draft amendment after release, many industry insiders regretted "does not refer to the interrogation, interrogation presence right of lawyer". Han Jiayi said, the National Lawyers Association to the National People's Congress Department suggests, did not involve the content, because "steps may not go far too much".

"But remedies can provide more awesome." Speeches Han Jiayi a turn, the draft regulations, judicial organs and their staff hindered counsel shall perform their duties according to law, have the right to appeal to the judicial organ or sue, to handle the appeal, can appeal to the superior procuratorial organs, this is correct according to the law. "But these relief way not prescribed time limit, such as a reason not to let the meeting go relief way, cases may go to trial, such relief is not significant. In addition, no relevant punishment measures, to avoid deliberately again next time."

Provisions of the criminal procedure law, the parties can only hire 1 to two defenders, the draft amendment does not change. Han Jiayi has suggested, may limit the number of open defense.

"Hire a defender is the civil rights of the litigant, few countries restrictions." Han Jiayi said, some big cases light files with tens of thousands of pages, two people have not seen them, do meet, investigation and evidence collection work. And the prosecution may have three or four or more people to handle the case; moreover, with the continuous advance of criminal litigation system, after facing appraiser cases, two defendants may not understand the identification domain, only the defense limit the number of open, let some professionals has become a defender, in order to safeguard the interests of the parties effectively.

Han Jiayi thinks, the criminal defense system, the criminal procedure law amended assessment, the national criminal defense rate of at least more than 10% qualify.

The newspaper Beijing on September 1st news

The amendments to the criminal procedure law is expected to accelerate the ten issues become the focus of

The defense lawyer regulations docking with the lawyers law, protection of human rights, justice should be written into the new criminal procedure law

The amendments to the criminal procedure law is expected to accelerate the ten issues become the focus of

---An interview with Professor Chen Guangzhong of China University of Political Science and Law

In recent years, 80 year old professor Chen Guangzhong, as a scholar in our country's criminal procedure law the most authoritative always pays close attention to this important law revision. He thinks, at present, both the substantive justice and procedural justice on the punishment of crime and protection of human rights, the combination has been determined for the law department, the relevant documents

Newspaper reporter Chen Hongwei

In December 22, 2008, the Beijing exhibition of lawyer Zhou Ze to Shanxi Taiyuan in a detention center, meeting with the parties, refused. This is the new lawyer law nearly six months after the meeting with a lawyer the right still can not guarantee a case. And the key to solve this problem is to modify the new criminal procedure law.
Recently, the reporter learned from parties concerned, and then modify the criminal procedure law was stranded is expected to speed up. To this end, the reporter interviewed Professor Chen Guangzhong of China University of Political Science and Law.

　After thirteen years of RE modification

China's criminal procedural law in 1996 after the modification, the great improvement in the aspects of democratic rule of law, but many problems exposed in judicial practice shows that, the criminal procedure law on judicial behavior norms are not careful, the protection of human rights is insufficient.
In addition, have the whole world in view, there is a gap between the relevant provisions of China's criminal law with the United Nations International Convention, lags behind the world trend of the modernization of rule of law.
In 2003 October, the Tenth NPC Standing Committee had the amendment of the criminal procedure act in the NPC Standing Committee legislative plan five years. But because of differences of opinion relevant departments is larger, the draft amendment failed to be submitted to the NPC Standing committee.
In 2008 October, and then modify the criminal procedure law was again included in the eleventh session of the National People's Congress five years planning legislation.
Report of the Seventeenth Party Congress, to deepen the reform of the judicial system, optimize the allocation of judicial authority, judicial behavior, the socialist judicial system fair and efficient the construction of.
In 2008 November, the CPC Central Committee Political Bureau meeting of the Central Political Committee on "opinions" some issues on deepening the reform of judicial system and working mechanism, and improve the legal system of litigation, is an important measure to optimize the allocation of judicial authority.
In Professor Chen Guangzhong's view, the necessity and urgency to deepen the reform of the judiciary. The central highlights the reform and perfection of the criminal procedure law.

　The ten problem is expected to improve

In recent years, 80 year old professor Chen Guangzhong, as a scholar in our country's criminal procedure law the most authoritative always pay attention to the revision of this important law, he will be amended criminal procedure law is summed up in ten points.
Purpose: to modify a, suggesting that "human rights" and "justice" writing
Provisions of Article 1 of the current criminal law legislative tenet is: "in order to ensure the correct implementation of the criminal law, punishing crimes, protecting the people, safeguarding state and public security, maintaining the socialist social order, according to the constitution, this law is enacted." The "correct implementation, ensure the criminal punishment of crime, protect people", showed a tendency to blow, light protection, heavy entity, light procedure.
Professor Chen Guangzhong believes that, at present, both substantive justice and procedural justice on the punishment of crime and protection of human rights, the combination has been determined for the law department, the relevant documents. Especially in 2004, the revised "constitution of people's Republic of China" thirty-third added a "the state respects and protects human rights". So, in the legislative purpose of amendment of the Criminal Procedure Act, first of all, should will "protect the people" to "the protection of human rights". Because of "protecting the people" refers to the crime and protecting the people's rights. And "human rights" includes not only the collective human rights and the human rights of victims were crimes against, more important is to protect the suspect, the defendant's human rights. There is obvious difference between their connotation.
Provisions of China's current criminal procedure law has no provisions to protect human rights, which does not reflect the spirit of constitutional protection of human rights, it must be remedied.
Second, increase "to ensure the realization of judicial justice" provisions. This is to avoid the criminal procedure law only localized in the realization of substantive law, but to reflect the independent value included in the justice of procedure justice.
Two, system innovation: the creation of the principle of criminal reconciliation and the non prosecution of additional conditions
Criminal reconciliation is a kind of settlement form of consultation and cooperation in order to restore the original order in the case, it refers to in the criminal lawsuit, the offender to plead guilty, apology, compensation or other ways to reach a settlement with the victims, the public security, judicial organs shall be investigated for criminal responsibility, not the tortfeasor exempted from a system or reduce the punishment.
Professor Chen Guangzhong thinks, in recent years, in the background of constructing socialist harmonious society, criminal reconciliation theory and practice has become the consensus. The substantive departments to carry out pilot projects, and accumulated much valuable experience.
Therefore, it is recommended as a basic principle in criminal procedure law, should also be reflected and norms in each stage of criminal procedure, to maximize the function, the drawbacks of reduced to a minimum. Such as to prevent the price oneself out of the market and the indulgence of crime and punishment is too light phenomenon.
And the criminal reconciliation is the creation of non prosecution of additional conditions. Conditional non prosecution refers to criminal suspects people's Procuratorate for specific cases, conditional and deadline temporarily not to prosecute. Specifically, suggestions for the suspect may be sentenced to three years in prison for the case, the people's procuratorate according to the suspect's age, character, nature and circumstances plead guilty, the causes of crime, criminal crimes after the performance, and whether the victim compensation and reach a settlement agreement, think not to prosecute more conform to the public interests of, be sure of one to two years for the person who is not to be prosecuted test period.
Three, strengthen the protection of the right to counsel -- docking with the Lawyers Law
In the litigation status of criminal defense lawyer and rights, provided by the current criminal procedure law is incomplete, and the obstacles on the concept, make it difficult to achieve in the judicial practice of lawyers' rights, resulting in the so-called "meet the difficult, scoring difficult, difficult to investigate and collect evidence".
Professor Chen Guangzhong pointed out that, at present, our country criminal defense rate is very low. In order to solve these problems, in October 28, 2007 the Standing Committee of National People's Congress passed the "law of the people's Republic of China", some provisions on the criminal defense lawyers' rights in the law of the existing "criminal procedure law".
But some practitioners as on crime, the law and the relevant provisions of holding the attitude of resistance, the lawyers law itself exists too general, not practical defects.
Professor Chen Guangzhong thinks that the response to the defense system in the re amendment of criminal procedure law for the following modifications:
First, insist on "three certificates" to meet the criminal suspect system, but may provide individual case types of exceptions, such as cases involving state secrets, terrorist crimes.
Second, met with investigators shall not present, is not affected by the technology to monitor the.
Third, ask the criminal suspect shall be carried out in the legal time and legal custody. Allow lawyers in looking at not hear where supervision. May be sentenced to 10 years in prison for the case, the interrogation of criminal suspects should be video recording of the whole.
Finally, for marking the right, the right of investigation and evidence collection in accordance with the provisions of the lawyers law of the detailed.
Four, anti-corruption cases can be the use of special investigative means
In our country's corruption crime investigation, prosecution evidence ability is limited, it is difficult to effectively fight against corruption.
"United Nations Anti-corruption Convention" article fiftieth paragraph first clearly defined can use controlled delivery, undercover operations and electronic or other form of special investigative techniques in monitoring of corruption crime.
Professor Chen Guangzhong thinks, the criminal procedure law of our country does not make any provisions of these measures. Practice has proved, the special investigative means is very effective for seized evidence and criminal suspects, is an important approach to solving the crime of corruption, drug trafficking and other crimes, is effective to combat these crimes.
Therefore, he suggested, modify the criminal procedure law should endow the procuratorial organs anti-corruption investigation department has the use of special investigative means power.
Five, the self investigation cases approved the arrest by the exercise of higher Procuratorate
In strengthening of criminal investigation ability at the same time, strengthen the control of procuratorial power is very necessary. In abroad, for the arrest or detention and other compulsory measures of gross violations of human rights, shall be authorized or approved by the court. In our country, the procuratorial organs and judicial organs, Procuratorate approved the arrest by exercising the right. The general criminal cases, in the context of China, this power allocation is reasonable and practical.
But in the self investigation cases, if still by procuratorial organs exercise their powers of arrest, it is not in accordance with the principle of division of power, restrict each other, prone to judicial injustice and corruption.
Therefore, Professor Chen Guangzhong think, the self investigation cases approved the arrest by the exercise of higher procuratorate. So, not only within the framework of the constitution, and to some extent solve the self investigation since catching lack of defects, it is a good choice.
Six, illegal evidence exclusion rules written into criminal procedure law has become the conclusion
The exclusionary rules of illegal evidence refers to the law enforcement and judicial organs and their staff illegally obtained evidence shall not be adopted as the basis for the establishment of facts. The rules for the realization of procedural justice, to curb torture to extract confessions and prevent all has the vital significance miscarriages of justice.
Professor Chen Guangzhong says to the reporter, modify the criminal procedure law provisions of this rule is reached, the question is how the provisions.
He believes that, in the range of evidence exclusion of illegally obtained evidence, principle shall be excluded; physical evidence because of its irreplaceable and should take to discretionary exclusion principle, according to the law, the nature of the case, the degree of public interest protection and other factors to be considered, with a certain degree of flexibility.
Seven, perfect the system of the witness appearing in court -- the establishment of important witness does not appear before the referee declared invalid
The witness is conducive not only to correct the facts of the case, the realization of substantive justice, but also to protect the defendant to defend the right of pledge and the maintenance of procedural justice, the premise and foundation of. At present, the witness appearing in court as a witness in criminal cases in China was less than 1%, this is extremely abnormal phenomenon.
Therefore, changes in the criminal law should be resolved. Professor Chen Guangzhong believes that, combined with the actual case China, on the important fact that the parties play an important role, the testimony, appraisal conclusion and differences exist in the witnesses, authenticators to ensure the witness; when necessary, the investigators shall also to appear as a witness in court; the corresponding without witnesses provisions of compulsory measures and judicial measures an important witness, and to establish the absence declared invalid procedural sanctions.
Eight, expand the scope of cases in which summary procedure is applied
Compared with the ordinary procedure, summary procedure can shunt criminal case effectively, and improve the efficiency of the proceedings, the criminal suspect, the defendant as early as possible out of litigation is tired, avoid multiple "dangerous", and to the rational allocation of judicial resources, can be more litigation resources into felony.
Therefore, Professor Chen Guangzhong suggested that the summary procedure in the following two aspects should be reformed:
First, expand the scope of summary procedure. The current criminal procedure law "provisions of the first paragraph of 174th may be sentenced to 3 years in prison for" change "on may be sentenced to 10 years in prison".
Second, give the defendant the right to choose summary procedure and application of the veto, that only the defendant to apply summary procedure to apply or without objection, the court to apply summary procedure.
Nine, death penalty review procedure litigation reform -- must have a lawyer involved in
In order to carry out the criminal policy of combining punishment with leniency and policy killing cautiously, Professor Chen Guangzhong think should be the law of criminal procedure of administrative internal audit procedures for proper litigation procedure reform.
First of all, the accused has the right in the death penalty lawyers to defend, if a defendant not entrust a lawyer, the Supreme People's court shall designate a lawyer who provides legal aid to defend. In the death penalty review procedure in the implementation of the appointed defense is necessary and possible, because the country has the financial ability to support.
Secondly, the defendant, the program is the last defense, should let the full exercise of rights. If the defendant and his counsel has any objection to the evidence, the facts and applicable law, the judge should be the defendant in custody to arraignment, listen to him and defense attorney's arguments. When necessary, shall organize the hearing, let the defendants and witnesses, victims.
Finally, the Supreme People's Procuratorate may send personnel to the legal supervision activities involved in the death penalty review in certain situations, but not too much intervention.
Ten, focus on solving the problem of minors special protection procedures and principles
At present, China's juvenile criminal cases are rising, but China's criminal procedural law not minors special protection program for system requirements. Because minors in physiological, psychological, and adults have very big distinction, in criminal proceedings against the actions of minors should also be differentiated with adults.
Therefore, Professor Chen Guangzhong stressed before the re amendment of criminal procedure law should be solved.
First of all, the minors special protection as a basic principles, namely, "the people's courts, the people's procuratorates and the public security organs handling minor criminal cases, should consider the physical and mental characteristics of minors, follow the education, influence and save policy, giving priority to education, supplemented by punishment, the full protection of the rights of minors".
Secondly, the judicial organs shall set up specialized agencies or personnel handling minor criminal cases. Finally, for minors should minimize the use of coercive measures custody; in the stage of review and prosecution, not to initiate a prosecution should be made not to prosecute (including the non prosecution of additional conditions); in the trial, to take suitable for minors procedures, and should be punished more leniently.
Source: Legal NetworkHttp://www.legaldaily.com.cn/zmbm/content/2009-01/22/content_1025411.htm　

Procuratorial Daily: 15 aspect of criminal procedure law in overhaul

In 2011 08 months 29 days Source:Procuratorial daily

Http://news.ifeng.com/mainland/detail_2011_08/29/8745587_0.shtml

Seven aspects modify

One, improve the evidence system

Including the types of evidence and standard of proof, perfect the elimination system, perfect the court system and improve the four aspects of the system of witness protection witness identification of illegal evidence.[Detailed]

Two, perfect compulsory measures

Perfection of the arrest conditions, including improvement of review arrested program, improve the residential surveillance measures and appropriate to extend the detention time of four aspects.[Detailed]

Three, improving the defense system

Includes provisions may entrust a lawyer, perfect the lawyer meets with criminal suspects and defendants in custody regulations, perfect relevant regulations of lawyers and legal aid system in four aspects in the investigation stage.[Detailed]

Four, perfect the investigation measures

Includes a clear technical investigation and secret investigation, investigation and supervision regulations in two aspects.[Detailed]

Five, perfect the trial procedure

Including adjustment of summary procedure applicable scope, improve the first trial, second instance procedure, improve the three aspects of the procedure for review of death sentence.[Detailed]

Six, improve the implementation of the provisions

Including the temporary execution outside prison regulations, strengthen the legal supervision of the prosecution, the law enforcing activities increased community correction rules three aspects.[Detailed]

Seven, special procedures provisions

Includes juvenile crime litigation procedure, provisions reconciliation procedure specific range of public prosecution cases, criminal suspects, defendants, escaping death cases of illegal income confiscated, and four aspects of mental patient violence forced medical procedures.[Detailed]

Source:Http://news.ifeng.com/mainland/special/xingshisusongfa/

The criminal law scholars and lawyers in the heart should be what kind of?