First chapter.  An overview of the criminal procedure and Criminal Procedure Law

The first section         The basic concept

A     Action concept

Authoritarian state organs handling cases according to law.

Two the concept of criminal litigation

The judiciary in the parties and other participants in the proceedings of the lower, exposing crime, confirm the crime, punish criminals according to law activities.

Two.     Three big procedural differences

(a)         There can be resolved through litigation facts

Two.         With the plaintiff and the defendant

Three.         The judicial organs of the state, and make a

Four.         There are other participants in the proceedings in general

Five.         In accordance with the law

Difference

(a)         The entity and the problems to be solved and the basis of the substantive law of different

Two.         According to the difference of the substantive law

The criminal procedure law in broad sense including five stages

The second section         Historical types of criminal procedure

A concept

According to some standards, division and classification of historical existence and modern criminal procedure. (nature and form is not synchronous)

Two types of criminal procedure. The essence of history

1, the class nature as the standard, the criminal litigation can be divided into: Criminal Procedure Law, slavery XXXX, XXXX, XXXX

Criminal characteristics of slavery society

1.The essence is the maintenance of social order and the slave ownership system tool. The slave is the object of criminal procedure, criminal proceedings is to punish and suppress the object.

2.The highest judicial organ is the Emperor

3.System of divinity evidence

4.The impeachment of litigation mode

2, feudal society of criminal procedure:

1.The essence is to maintain the order of feudal society tool

2.The highest judicial organ is the Emperor

3.Confession is the king of evidence, extortion of widely used

4.The system of legal evidence

5.The inquisitorial proceedings

3 the capitalist society criminal characteristics:

(1) for the capitalist system service tools

(2) the law stipulate that a series of advanced litigation principle: the prohibition of torture, equality before the law, the presumption of innocence, the independence of judges, public trial, the defendant the right to defense.

(3) the evidence system of free evaluation of evidence

(4) mixed action (the adversary and authority)

4 the criminal characteristics

(1) safeguard the people's interests, safeguard the socialist ruling order tool

(2) proceedings new principles, such as relying on the masses, division of responsibilities, cooperate with each other, mutual restriction principle.

(3) the evidence system of objective verification

(4) mixed type lawsuit pattern

Historical types three, criminal form

Based on the surface characteristics as standards, can be divided into criminal proceedings impeachment, inquisitorial and mixed type (the adversary, authority, the new hybrid system). Also known as the litigation mode.

1, the impeachment of the litigation mode

1.Don't tell, separation of prosecution and trial

2.The negative and neutral

3.The equality of litigant

4.The open trial, the debate

2, the inquisitorial procedure pattern characteristics

1.Take the initiative to investigate, not to also

2.Controlled trial, the judge set without trial, the prosecution and the right of investigation and a

3.If the defendant is being tortured, be held object, is the object of criminal procedure

4.A written hearing, secret trial

Characteristics of the 3 hybrid system, litigation mode

1.Investigation and prosecution and the court is divided into two stages

2.Investigation and prosecution stage reflects the inquisitional features

3.The trial court embodies the characteristics of the impeachment proceedings

4.Divided into parties and the authority principle, characteristics of the adversary to the impeachment proceedings.

The new hybrid: Hybrid in the adversary and mixed type of nationalism, divided into the party mainly, supplemented by sovereign doctrine; doctrine, the party supplement. China belongs to the latter.

Section third. The concept of Criminal Procedure Law

One, the concept of

Form of procedural law is the law of criminal procedure of the national ruling class according to his own will establish the.

Two, understand the Criminal Procedure Law

(a) the book refers to the criminal procedure law of generalized. Includes provisions on criminal procedure code of criminal procedure and other laws.

Two.Is the law of Criminal Procedure Law

Three, the revision process

Four,The characteristics of China's Criminal Procedure Law

(a), guiding the Marxism Leninism, Mao Zedong Thought

(two), punishing crimes, protecting the legitimate rights and interests of citizens, protect the people's democratic dictatorship and the socialist system

(three), from the actual situation, seek truth from facts, rely on the masses and the convenience of the masses

(four), carry out the spirit of socialist democracy, socialist legal system request response

The relationship between fourth sections of criminal procedure law and criminal law

A,     Content and form

Two,     Objective and methods

Three,     Interdependent, indispensable complement each other

Four,     Both procedure and entity

The second chapter of the criminal procedure law to

The first section of the criminal procedure law purposes

A,     The concept of

Objective or criminal law criminal law purpose, is refers to the country the formulation and implementation of the criminal procedure law the starting point and the pursuit of results.

Two, the purpose of Criminal Procedure Law

(a) to ensure the correct implementation of the penal code

(two) punishing crimes, protecting the people

(three) to safeguard national security and social public security, maintaining social order of socialism

Section second of the criminal procedure law according to the

A,     The concept of

The criminal procedure law according to legislation and Law refers to the origin of the Criminal Procedure Law

The second section    The task of criminal procedural law

A specific task, the Criminal Procedure Law

(a) to ensure accurate, timely find out the facts of the crime, the correct application of the law, punishment of criminals, to protect innocent people from criminal prosecution.

(two) the civic education consciously abide by the law, actively struggle against criminal acts

The total task two, the Criminal Procedure Law

Safeguard the socialist legal system, to protect the citizens' personal rights, property rights, democratic rights and other rights, guarantee the smooth progress of socialist construction.

                 The people's court, the third chapter of criminal proceedings in the people's procuratorates and the public security organs

The first section of the people's court

A,   The nature and functions of the people's court

(a)    In narrow sense, the judicial organ

Two.    The judicial organs of the state only

Two, the people's court organization system

Including the court system in our country: the Supreme People's court, the local people's courts at various levels and of the special people's courts

The local people's courts at all levels including the higher people's courts, the intermediate people's court and the basic level people's court. The special people's courts involving criminal procedure include the military court and railway transportation court.

Between the lower court on supervision and being supervised relationship.

Three.     The rights and obligations of the people's court in criminal procedure

(a)         Right

1   Directly accepting a case of private prosecution and the court rejected the prosecution

2   The trial and Adjudication of the private prosecution and the public prosecution case

3   Organizes and presides over the trial activity right

4   Supplementary investigation cases

5   Of second instance and retrial right

6   Coercive measures of rights

Two.         Obligation

1, loyal to the truth, loyal to the law, loyal to the people's interests

2, security lawsuit participates in a person to exercise their litigation rights enjoyed according to law, shall not restrict and deprive under any pretext.

In section second, the people's Procuratorate                                  

A,                                                                                                                      The nature and functions of the people's Procuratorate

(a)      Judicial office

Two.      State organs for legal supervision

The organization system of two, the people's Procuratorate (and corresponding court system)

Including the Supreme People's Procuratorate, local people's procuratorates at different levels and of the special people's Procuratorate, local people's procuratorates includes Provincial People's Procuratorate, the people's Procuratorate branch and the basic level people's Procuratorate, the special people's procuratorates include military procuratorates and railway transportation procuratorate.

Between the upper and lower procuratorate is the leadership and the leadership.

The rights and obligations of the three, the people's Procuratorate in criminal proceedings

(a), right

1, the investigation right

2, the right of review of arrest

3, prosecution and non prosecution

4, the right to protest

In section third, the public security organ

A,                                                                                                                   The nature and functions of the public security organs (a)                                                                                                                 Administrative organ

Two.                                                                                                                 The main investigation organ

Two, the public security organs of the organization system

 The public security organs are set up in the people's governments at all levels. The organization system and the court's procuratorate should be relative, the public security organ is divided into four level: the Ministry of public security, Public Security Bureau, Public Security Bureau, public security separation

Three, the public security organ right and obligation in Criminal Proceedings (as)

(a) right

1, the investigation right

2, executive power of arrest

3, does not arrest or the decision not to initiate a prosecution request reconsideration, review right

4, to take coercive measures to right

Four, the state security organs

(a) the nature and functions of the state security organs

1, the state security organs and public security organs of the same nature

In 2, the crime of endangering national security and the public security organs to perform the same powers.

(two) the organization system of the state security organs

The State Council under the Ministry of state security, the provincial people's government set up within the National Security Bureau, government of people of some provincial city also has a national security bureau. The state security organs under the people's government at the same level and the dual leadership of the state security organs.

The fourth chapterParticipants in the proceedings

One, the concept of

Lawsuit participates in a person is in criminal proceedings, judicial personnel outside the litigation rights and take some action to enjoy the obligation of the people.

Two, the range of participants in the proceedings

Three, participants in the proceedings

Four, participants in the proceedings mutual rights and obligations

One, right

1, have the right and personal insult prosecute violations of the legitimate rights of citizen litigation to investigators, judges, procurators.

2, have the right to judicial personnel to must have their own bear the legal obligations in some cases.

3, have the right to use their language in the proceedings

(two) obligations

Have the obligation to abide by the laws and regulations, obey the investigators, the judicial personnel command.

Three, the parties

(1) in the prosecution or prosecution position, charge or defense can only exercise

(2) direct specific practical interest in fact, case processing results have a direct effect on the

(3) belonging to the participants in the proceedings

Note: our country criminal prosecution, the parties do not include the public prosecutor

The reasons are as follows:

1.               Disinterested prosecutor with the case, which is based on the requirement of participation responsibilities;

2.               Mission and purpose of the public prosecutor in the proceedings is not only a crime, to support the prosecution of legal supervision, but also in.

3.               The right of action and the accused prosecutors have not equal

4.                Between the prosecutor with judges in common with the task and purpose to participate in the litigation, litigation status and role of the more.

Five,                                   The rights and obligations of the parties

(a)                                The proprietary rights: the right for challenge

Two.                                The common duty of litigation:

Truthfully stated the facts of the case and evidence, shall not be forged, concealment or destruction of evidence; with the action execution public security public security shall make decisions, rulings.

In section second, the parties

The theory of parties

(a) the victim

1 concepts: directly violated by the crime, to the narrow sense of the victim.

Two. The rights of victims

(1) report, the right of complaint

(2) refuses to accept the decision not to initiate, have the right to apply for reconsideration

(3) sorry v. decision have the right to lodge a complaint

(4) the right of public prosecution to private prosecution will

(5) to entrust agents ad litem

(6) to file an incidental civil action

(7) in the investigation, court debate

(8) the request right of protest

(9) the effective judgment appeal

The private prosecutor

1, the concept of private prosecutor

Is to the people's court in the name of the individual requirements, shall be investigated for criminal responsibility of the accused party,

2 private prosecution of human rights:

(1) to entrust agents ad litem

(2) to file an incidental civil action

(3) in the investigation, court debate

(4) the withdrawal or arrange a settlement with the defendant

(5) the right of appeal

(6) the effective judgment appeal

(three) the suspect

1, the concept of

The suspect is the stage of investigation and prosecution is suspected of committing a crime, and be held criminally responsible parties. A case of public prosecution is in the stage of investigation and prosecution to be prosecuted object, if charged, become the defendant.

2, the rights of criminal suspects:

(1) the right to hire lawyers in the investigation stage for legal assistance

(2) understand the interrogation record recorded content

(3) for the complementary identification or re identification; right of defense; entrust defenders

(4) refused to answer the irrelevant questions

Four, the defendant

1, the concept of

The defendant is a citizen or organization accused the prosecution of a crime, and sued to the court party.

3,                 The rights of the accused:

(1) in court investigation and debate

2.Self defense

3.Entrusted

4.Finally, Chen Suquan

5.Understanding the court record content, have the right to request for supplementation or correction

6.The right of appeal

(7) the effective judgment appeal rights

8.Cases of private prosecution and the right of the defendant files a counterclaim

Five, the plaintiff in incidental civil action

1, the concept of

Is the incidental civil lawsuit to the judicial organ, the requirement of the defendant compensation for the criminal behavior causes material loss.

The scope of plaintiff 2, incidental civil action:

Usually the victim himself, may also be the victim's legal representative, close relative or other for criminal offence has suffered material losses.

3, right

Give up, change the claim; entrust agents ad litem.

(six) the defendant in an incidental civil action

1, the concept of

 Is the cause of crime shall be liable for loss of material and by the judicial organ to paging responding to a party.

2, the scope of

The general is a criminal defendant himself, also has the possibility is the defendant's parents.

Right: 3, entrust agents ad litem.

Third other participants in the proceedings

One, the concept of

Other participants in the proceedings refers to the other participants in the proceedings.

Other participants in the proceedings scope: legal agent, agent ad litem, counsel, witnesses, appraisers and translators.

(a) the legal agent

1, the concept of

The concept of legal agent

In accordance with the law to bear the obligation of protecting special agent.

2, the scope of

The principal's parents, foster parents, guardians and the agent shall have the responsibility to protect organs, groups of representative.

4, the legal agent right

And being an agent the same litigation rights

(two) an agent ad litem

1, the concept of an agent ad litem

1, the concept of

An agent ad litem is entrusted by the principal or the court make people in litigation.

2, legal agent right

Just enjoy certain rights agent (determined by reference).

(three) the witness

1, the concept of

The witness is the direct conflict of interests other than providing case to feel to the judicial organ of the participants in the proceedings.

Characteristics of 2, witness:

(1) the witness can not be replaced

(2) the witness must be natural persons

3, the rights and obligations of witnesses

(1) the witness has the right to query record and is required by law to amend or supplement, have the right to request the testimony by the economic loss to give appropriate compensation.

(2) obligations of witnesses to testify in court, a truthful statement of the case of compulsory

Four Jian Dingren

1, the concept of identification of the

Litigation participants who put forward written expert opinion in a special problem identification is affected by the judicial organ to hire or assigned by virtue of their knowledge and skills of the facts of the case.

Interested can't

2, identification of human rights

(a) the right to know

(two) were written expert opinion right

(three) request for identification or re appraisal rights

3, identification of the obligation

(1) duty to testify in court

(2) the objective and comprehensive appraisal conclusion provide true obligation.

(five) translator

(1) concept

The translator is the judicial organ to hire or make engaged in language translation work in the proceedings of the participants in the proceedings.

(two) the right

(1) the right to know

(2) require the revision or supplement the rights

3, the translators faithfully interpreting obligations obligations

(six) the defender

1, the concept of

The defender's entrustment or designated to participate in the proceedings and for criminal suspects, defendants defended the participants in the proceedings.

Scope: 2, recommendation, the defendant lawyer friends and relatives, guardians, and people's organizations or criminal suspects, defendants unit person.

3, the rights and obligations (Chapter eighth)

The fifth chapter the basic principles of criminal procedure

The concept, content and meaning of the basic principles of criminal procedure first day

One, the concept of

The basic principles of criminal procedure is the people's courts, the people's procuratorates and the public security organs in conducting criminal proceedings, the basic behavior criterion must abide by the basic norms of behavior or.

1,      The basic criminal procedural far includes the constitution principle, three major suit common principles of criminal procedure, unique principle and international principle

2,      The basic principles of criminal procedure is mainly to the public security organs requirements, there are some principles which belongs to the participants' legal rights.

1,      Power and judicial power, investigation power exercised by the specialized agencies to check

2,      Division of responsibilities, cooperate with each other, each other

3,      Exercise the judicial power, to check power independently

4,      All citizens are equal before the law

5,      Strict compliance with the statutory procedures

6,      Take facts as the basis, take the law as the criterion

7,      Relying on the masses

8,      Open trial

9,      Final

10,The legal supervision

11,Without a court decision does not determine any person guilty

12,Guarantee the litigious rights of litigation participants

13,Has the right to defense

14,Have the right to suit the use of minority languages

15,Don't be not criminal responsibility prosecution

16,For foreigner crime is applied to the criminal procedure law of our country

17,International assistance

The people's jury system is no longer the basic principles of criminal procedure

Three, meaning

1, the criminal procedure law of our country embodies the essence and main characteristics

2, guarantee the quality of handling cases, to achieve the purpose and task of the criminal procedure law.

3, an accurate understanding of the specific provisions of criminal law procedure

The specific application of the law problems, solve the 4 execution of criminal law in the process of

Section second investigation, prosecution, trial power is exercised by the specialized agencies principle

One, the legal basis

The criminal procedure law of 3, 4, 225

Two, content

(a) the three organs of public security in the exercise of state of investigation power, procuratorial and judicial authority division of responsibilities.

1, the power of investigation is to collect evidence, expose, confirm, track down criminals and the mandatory measures of power.

2, the procuratorial power is the legal enforcement and compliance of the special supervision power.

3, the right of trial is tried and sentenced to the case of the power.

(two) any other organs, public security and other special provisions on legal authority or department of groups and individuals, have no right to exercise the right of investigation. Procuratorial, judicial power.

The third section division of responsibilities, cooperate with each other, the principle of mutual restraint

A 135th article of the constitution, the legal basis for the criminal law article seventh

Two, the principle is a basic principle of adjusting the relationship between justice triode

Three, division of responsibilities, cooperate with each other, each other requirements

(a) the division responsible for the requirements of the three organs of public security in accordance with the law of the terms of their duties, responsibilities, in strict accordance with the law of criminal procedure division of powers, not allowed to replace each other and beyond the authority, but does not allow any organs alone arranged.

(two) with each other together, support each other, exchange information required to complete the three organs of public security, the provisions of the criminal procedure law task.

(three) for the three organs of public security constraints restricting each other each other in criminal proceedings, according to legal authority on relevant problems, decisions, and put forward proposals of my own views, to prevent the deviation and correct possible past mistakes.

Four, division of responsibilities, cooperate with each other, each other requirements

Division of labor is the basis and prerequisite for co-ordination, mutual restraint, mutual cooperation, mutual restraint is responsible for result and requirement. Cooperate with each other and mutual restriction relation is dialectical unity, complement each other

The fourth section, exercise judicial power independently, the right principle (constitutional principle)

One, the legal basis

"Constitution" article 126th, Article 131

"The people's court organization law" article fourth

"Law of the people's Procuratorate" Ninth

"Criminal Procedure Law" article fifth

Two, meaning and requirements

(a) the people's court, the people's Procuratorate of litigation, the processing of cases, must be in accordance with the law, the legal problem from the outside, not subject to any organs, social groups and individuals related to handle specific cases instructions, command.

(two) any administrative organs, social groups and individuals shall not interfere in the people's court, the people's Procuratorate judicial, procuratorial work.

(three) the people's court, the people's Procuratorate organized as a whole, the collective exercise of judicial power, the procuratorial power is responsible for.

The difference between the three, the principles and the principle of judicial independence in western countries

(a) the independence of the judiciary is independent trial, the principle of our country, including judicial independence, including the independence.

(two) the judicial independence is the independence of judges, the judicial, procuratorial power is a collective of independent, but the court is the judicial independence, the procuratorate is system independent.

The fifth section law supervision principle

One, the legal basis: Article eighth of the criminal law

Two, the meaning of legal supervision

(a) the legal supervision of narrow sense refers to the supervision of people's Procuratorate and the public security organs of the people's court to implement some action or not to carry out a certain action is legitimate or not.

(two) broadly legal supervision, including not only the legal supervision in a narrow sense, but also includes the investigation and review of arrest, prosecution and the self investigation cases.

Generally refers to the narrow legal supervision.

Three, the legal supervision includes

(a) case supervision

(two) the investigation supervision

(three) the trial supervision

(four) execution supervision

The difference between the four, legal supervision principle and the division of responsibilities, cooperate with each other, mutual restriction principle

(a) restrict each other only exists in people's court and the people's Procuratorate or public security organs in dealing with the same case procedure in connection and conversion process. The legal supervision and the whole criminal procedure.

(two) restrict each other is bidirectional, legal supervision is the single

(three) the results of different restriction and supervision. The results of restricting each other more often depends on how the final decision to the party, but the legal supervision is generally the result of corrected according to the procuratorate opinions.

The sixth section without a court decision may not identify any person guilty principle

A,Legal basis: Law of criminal procedure twelfth, special principle

Two,The meaning and requirements

1.       The court to exercise unified jurisdiction

2.       The effective judgment of a court convicted before, not sure anyone guilty in law.

3.       The court must be made in accordance with the law.

Three,The meaning, development and significance

The seventh section has the right to defense principle (constitutional principle)

A,The legal basis

Article 125th of the Constitution Law of criminal procedure eleventh

Two, the basic content

(a) the suspect, the defendant the right to defense in criminal proceedings

1, the right to defense is suspect, the defendant against the accused plead and justification, that his innocence, light offence or that should reduce, lighter, exempted from punishment, to protect their own legitimate rights and interests,

Exercise 2, including the right to defense: self defense, entrusted, the designated defense

(two) the people's court and the public security, procuratorial organs have the obligation to ensure that the suspect, the defendant to exercise the right to counsel.

1, the public security, procuratorial organs to ensure that criminal suspects, defendants to exercise the right to counsel performance:

(1) in the investigation, prosecution stage, should allow criminal suspects, defendants plead and interpretation, and listened to.

(2) from the communications suspects, it shall notify him to defense and other procedural rights.

(3) from the date of the case is transferred for examination before prosecution, the people's Procuratorate shall be within the prescribed period of time (3 days), to inform the suspect has the right to entrust defenders.

2, the people's court that the defendant to exercise the right to counsel in the trial stage:

(1) inform the defendant the right to defense, and shall inform the Commission counsel appearing for the defence.

(2) shall be appointed defence counsel for the defendant, must be specified.

(3) in accordance with the law in the open map before the indictment copy to the defendant, the defendant has enough time to prepare his defence;

(4) listen to and study the defendant and the defense counsel, to adopt the correct portion shall be.

Three, has the right to defense principle significance

1, protect the suspect, the defendant's legitimate rights and interests, reflect the socialist criminal procedure fair, reasonable and democratic spirit.

2, help the public security and judicial organs objectively identify the facts of the case, apply the law correctly, prevent the deviations and errors.

The eighth section has the right of litigation by the national grammar mosquito principle

A,The legal basis for the criminal law article ninth article 134th of the Constitution

Three aspects of the two principle

1,      Citizens of all nationalities have the national language of litigation rights

2,      The people's courts and the people's Procuratorate to not understand the local language of the participants in the proceedings, shall be translated for them.

3,      In minority nationality or nationalities live together in one area, should try to use the local language. Indictments, judgments, notices and other documents should be based on one or several text using local actual need.

Section ninth safeguard litigant litigation rights principles

A,The legal basis for the law of criminal procedure fourteenth

Two,Three aspects of the principle

1,      Public security organs for all participants in the proceedings of the various procedural rights, should give security.

2,      For a minor suspect, the defendant's litigation rights, shall be given special protection.

3,      Participants in the proceedings shall have the right to present civil rights violations charges. (not important)

The tenth section        All citizens are equal before the law principle

A,The legal basis for the law of criminal procedure Sixth

The eleventh section strictly abide by the principle of legal procedure

A,The legal basis

The second paragraph of article third of Criminal Procedure Law

Two,Strictly abide by the principle of legal procedure of significance

1,      Public security organs in accordance with the law, safeguard to fight against crimes, the Criminal Procedure Law

2,      Is very important for the implementation of the relevant provisions of the constitution of the

3,      To ensure full, timely find out the facts of the case, ensure the quality, guarantee the smooth realization of the task and purpose of criminal suit.

4,      Fully reflect the advanced nature of China's criminal procedure and democracy.

The twelfth section no criminal responsibility cannot be prosecuted principle

A,The legal basis

Law of criminal procedure fifteenth

Two,Content

(a) Six kinds of situations not prosecuted for criminal responsibility

1,      Don't think that is the crime situation

2,      That crime, not tell or withdraw to tell

3,      The amnesty punishment

4,      Have a statutory limitation period for prosecution of crime

5,      The suspect, the defendant's death

6,      Other provisions of the law shall be investigated for criminal liability from

Two. Handle

The filing stage: not file

The investigation stage: the withdrawal of the case

The trial the prosecution stage: not to prosecute

The trial stage: to deny is a crime, acquitted; in that case, the withdrawal of the suit, can order granting withdrawal and closed; in other cases, a decision to terminate the trial, or declared innocent.

The thirteenth section take facts as the basis, take the law as the criterion

A,Law of criminal procedure Sixth

The fourteenth section the principle of relying on the masses

A,The legal basis for the law of criminal procedure Sixth

Two,Concrete manifestation of the principle in criminal procedure

1,      The criminal law forty-third stipulation, must ensure that all relevant to the case or to understand the citizen, has objectively and fully provides evidence of the conditions, except in special circumstances, and can absorb them to assist in the investigation.

2,      The criminal procedure law the sixty-third regulation, for a crime or the crime is discovered in time, wanted for arrest, escape, or is being hunted, any citizen can immediately sent to the public security organs, people's Procuratorate or the people's court.

3,      The people's jury system                      

The fifteenth section open trial principle

A,Legal basis: Article 125th of the Constitution Law of criminal procedure eleventh

Two,The meaning of public trial

The people's court hearing process and judgment in the case of public announcement, allowing citizens to attend, allowing the press to the public interview, publicly reported.

Three,The principle of open trial exception

Do not open cases, sentenced to public.

1.       Cases involving state secrets

2.       On the privacy of citizens in case

3.       The cases of minors.

Four, implement the important principle of open trial

Name three days before the hearing will be hearing a case case, the defendant and the time and location of the court session announcement.

Four,The principle of open trial significance

1.       Can drive the collegiate bench, defense, avoid the implementation of the system, so that the system can truly play its due effect.

2.       Help the court objectively and comprehensively the case processing safely and correctly, improve the quality of handling cases, prevent and reduce unjust.

3.       You can close the court and the judicial personnel, enhance the sense of responsibility, to prevent the occurrence of violations phenomenon.

4.       Give full play to the education function of trial, expand the effect and influence.

The sixteenth section two instance system principle

A,The legal basis for the law of criminal procedure tenth

Two, the concept of

Two final trial system is one of most cases after two court trial that ended system.

Three,The meaning, content and requirement of the principle of two-tier trial system

1,      In addition to other people's courts at different levels, the Supreme People's court think, according to the procedure of first instance trial to make the judgment or ruling, does not have legal effect, delivery.

2,      Only within the statutory time limit, has the right to appeal to people not appeal, the peoples procuratorate at the same level did not protest, the first instance judgment, ruling, delivery takes legal effect.

3,      If within the statutory time limit, has the right to appeal to the appeal or the people's Procuratorate at the same level puts forward counterappeal, case shall be made by the people's court at the next higher level for trial in accordance with the procedure of second instance trial of the second instance, made the decision after the rulings are final ruling. In addition to the law must also be approved procedure cases, appellate court ruling, after the announcement, immediately takes legal effect, delivery.

Four,Need to make clear the problem

1.       Cases of first instance two instance system is only applicable to the local people's courts at various levels and of the special people's courts of first instance, the case is not suitable for the Supreme People's court.

2.       There must be a legal appeal or protest

3.       Sentenced to death penalty cases, which should be approved in accordance with the law, must be in accordance with the law after the review procedure of death penalty approval, sentenced to death by the referee, takes legal effect, delivery.

Section seventeenth shall apply to foreigners crime in Chinese criminal procedure law principles

Basis: the law of criminal procedure sixteenth

The eighteenth section of the principles of international judicial assistance

A,The legal basis

Law of criminal procedure seventeenth

Three,Content

According to the international treaties concluded or acceded to by the people's Republic of China, or in accordance with the principle of reciprocity, the judicial organs of China and foreign judicial authorities may request each other to criminal judicial assistance.