This morning, Professor Chen Weidong of Huizhou Bar Association's invitation, in the city of Huizhou Taojing Golf Resort conference room on the third floor of Huizhou lawyers and lawyers to practice on the amendment of the criminal procedure law. Professor Chen Weidong is the director of the research center of Renmin University of China, litigation system and judicial reform of Renmin University of China Law Institute, is the "Criminal Procedure Law" to modify only participate in the entire process of legal experts, Huizhou City Bar Association is trying to demonstrate some of the story behind the amended the act to the law through this lecture, in order to understand the "information system".

   Professor Chen first talked about the "legislative purpose". Different from other countries "legislation" is based on the law of their own laws, China's "legislative purpose" is generally a "political task", namely the need to solve the political leaders within the term of some of the political issues, so as to meet the political report "judicial reform". If the formulation and revision of laws of other countries is because the original law can not cope with the legal practice, so our country law formulation and revision is because from the political point of view these laws need to develop or modify, in order to meet the political needs. If politicians think like legal person, so the political task is legal, but politicians thought often and legal people materially.

  Chen taught taught the "Criminal Procedure Law" to modify the 9 aspects:

  1, "human rights into the law" -- this is the new China for the first time in 63 years to "respect and protect human rights" into the "Criminal Procedure Law", "with the United Nations Convention on the civil and political rights" requirements. "Human rights into the law" is the main respect international practices and to ease the political pressure, although in fact does not change the right above the law "status China", but to show the world the country determined to accept "human rights protection" universal values, which has political significance.

  2, "the court jurisdiction" -- the new "criminal procedural law" the terrorism cases, may be sentenced to no period cases included in the intermediate courts. The court jurisdiction level of ascension, one aspect is the embodiment of legal value, on the other hand is "in line with international standards". Terrorism cases, no case are serious cases in western countries, if the primary jurisdiction means that may be "internal process", while the intermediate jurisdiction by provincial court supervision, to curb illegal operation from a certain extent.

  3, "entrusted" -- the new "criminal procedural law" authorized criminal suspectsThe first interrogation by the investigatory organ or coercive measures, can entrust a lawyer, but the general case can no longer need the approval of the meeting detainees. Professor Chen said, once by the Ministry of public security supervisor identity to the Ministry of public security asked whether the next year's new year's Day detention lawyers no longer need the approval of the Ministry of public security, clear answer unless the law provides otherwise are not subject to approval. Professor Chen said, if the public security organ to obstruct the lawyer, so he would push the jurisdiction of administrative department of judicial detention by the lawyer responded with applause, tears.

  4, "the lawyer investigation" -- the new "criminal procedural law" stipulates the legal investigation and evidence collection rights, and can apply to court or procuratorate important evidence. The lawyer investigation of evidence may be "Criminal Law Article 306" influence, Professor Chen said he suspected that the lawyer perjury shall handle the case in the end, but the Ministry of public security to adhere to the prompt investigation, compromise is the case handling organ all avoided by other authorities handling the case file for investigation. This shows that the lawyer investigation of evidence still exist great risk. Not to pursue the case handling organ "perjury" only "for lawyers perjury" obviously unfair, and counsel cases without end investigation lawyer perjury, neither agency case to find out whether according to lawyer perjury facts, would damage the original criminal suspect or defendant defense interests.

  5, "the right relief"-- the new "criminal procedural law" clearly the defenders and agents ad litem, thought the police, procuratorate, court impede their exercise their litigation rights according to law, can appeal or accusation, procuratorate has the duty to accept and to inform the relevant authorities to rectify. The provisions of the legal supervision of Procuratorate's power to protect the defenders and agents ad litem, litigation rights. Procuratorate to from the traditional sense of the prosecution to restore to normal organs for legal supervision, it is not only the transformation of thinking it is a transformation method.

  6, "evidence of equality" -- the new "criminal procedural law" the physical evidence and documentary evidence separately, and the appraisal conclusion demoted to the expert opinions, which reflects the "evidence of equality" principle, namely any evidence need to pass examination can be used as a basis for judgment. Both the conclusion of judicial identification or expert conclusion, both of them are a kind of expert opinion, not of course as the authoritative evidence, but after hearing testimony.

  7, "sufficient evidence" -- the new "criminal procedural law" the collection of evidence must be lawful, to the exclusion of the illegal evidence. This clearly put forward the "beyond reasonable doubt" principle, so the criminal evidence must have a single point of the civil evidence, relative to the "high probability" is obviously more stringent. A kind of evidence must be legitimate to take, after examination, beyond reasonable doubt to be accepted.

  8,"Evidence" -- the new "criminal procedural law" affirmed the illegal evidence, namely before the hearing of the parties shall review the legality of the evidence, so as to avoid the illegal evidence in court trial procedure. The present Provisions directly from "the trial", so as to avoid the tribunal to directly access the program review, lose neutrality and authority effect.

  9, residential surveillance -- the new "criminal procedural law" provisions of the "designated residence" residential surveillance, many people thought is the "secret detention" clause, the clause is not for ordinary crimes but those who constitute a crime but not special criminal prison execution, the provision has replaced the "double" meaning, thus the "double" and "residential surveillance" Become statutory.

  Afterwards, Professor Chen said many "Criminal Procedure Law" provisions that are often have, on-line rumor tends to ignore the official rules of the game. To the death penalty review by the Supreme Court as an example, some people worry that the local court in the death penalty review entitled to recover before emergency executed a number of prisoners, they ignore the official rules of the game to "avoid mistakes", so the local court all happen to coincide the death penalty cases delay to review right by the Supreme People's court, "contradictions handed" belongs to the official rules of the game, "error" is a primary consideration does not make them. This "secret detention" clause, in fact is in line with the "double" and "house arrest", not for ordinary crimes.