The new "criminal procedural law" and "the Supreme People's Court on the application<The criminal procedure law of the people's Republic of China>Interpretation of "have to2013Years1Month1Start date, the new criminal procedure law for the big changes of more than 100 articles, brought about major changes and influence to the us to carry out the criminal trial work.

In general, the law of criminal procedure revised and updated the concept of criminal justice, the concept of the rule of law is more clear and perfect, more emphasis on the protection of the rights of citizens and the public power constraints; perfect the judicial mechanism, make the trial program design more in line with the characteristics of the current criminal cases, the judicial acts more standardized and operable.

From the grass-roots court angle, specific changes are reflected in the following aspects:

First, the protection of human rights

First, to "respect and guarantee human rights in Criminal Procedure Law" writing, followed by improvement in the investigation, prosecution, trial, execution of the specific system of each stage of the actual security to strengthen judicial human rights.

For our criminal trial stage1The defendant's litigation rights according to law, further strengthening of the defendant's right to defense, obtain the right to a fair trial and other legal rights protection. Actively informed as to entrust defenders and assist to convey, expanding the scope of designated defense; summary procedure in the option; both and pleaded not guilty in court debate and investigation conviction, sentencing facts and evidence of the right to choose the published views on sentencing.2To narrow the gap of both sides strength contrast, strengthen the defense lawyer's right to defense, will be a lawyer prior to the investigation stage, the stage of the proceedings to protect the rights of lawyers.3Safeguard the legitimate rights and interests of victims. To improve the criminal incidental litigation preservation system in civil litigation, seek truth from facts affirmed the incidental damages in civil litigation mediation and the creation of the criminal reconciliation system.

Two, proceedings

1More emphasis on fair trial procedure.

Such as: (1The witness), the appraiser system. The court determined the range, forced to testify in court system and exceptions, improve the witness protection and legal consequences, not to introduce the expert assistant system. (2Compulsory measures stipulated in), respectively, to make bail and residential surveillance consists of two items, and each have different degrees of increase and change of circumstances.

2The trial procedure enhanced the efficiency of litigation.

Changes in the procedure.

(1) confirmed the choice of pretrial procedure. The split flow of cases, strengthening the effective participation of both sides, contributes to the maintenance of the justice of the procedure, but also to the program filtering effect, timely dispute resolution in both procedures before trial, so as to improve the efficiency and quality of the trial.

(2The case) to expand the scope of the cases in which summary procedure is applied to expand the jurisdiction of the court -- at the grassroots level, as long as the facts are clear, the evidence is sufficient, the defendant pleaded guilty and without objection three conditions to apply summary procedure can be made by the court's decision to apply summary procedure; the simple procedure trial type change -- judge based on the original one. Can increase or shall be tried by a collegial panel case (may be sentenced to three years in prison following the penalty can choose a single judge or a collegiate bench, three years or above must be a collegial panel).

(3According to the realistic situation) increased by changes in the criminal trial period and extend the time limit of approval authority.

A trial of criminal cases, should be handled within two months after the sentence, no later than three months; for major, complex cases such as approved by the people's court at a higher level, can be extended for three months; under special circumstances also needs to be extended, approved by the Supreme People's court.

Case summary procedure, whether by a single judge or a collegial panel shall accept the post20Days to conclude; may be sentenced to more than three years, can be extended to one and a half months.

Three, the evidence

Strengthen the consciousness and the rules of evidence.1For the first time that the burden of proof, shall be forced any person found guilty, the burden of proof the defendant guilty shall be borne by the procuratorate or the private prosecutor.2Refinement of the evidence, proof standard, provides only meet the conviction and sentencing facts have evidence to prove that, according to the verdict evidence are verified through legal procedure and evidence of the case, the facts have been beyond reasonable doubt three conditions.3The establishment of illegal evidence exclusion system. Specifies the specific criteria for exclusion of illegal evidence and operating procedures, and set up a corresponding system.

Special program four, criminal cases

1A special chapter set "minor criminal procedure", special procedures for handling minor criminal cases, principle, policy related litigation process made the provisions. Increase the juvenile criminal non prosecution of additional conditions, criminal record storage system, perfecting the legal agent to system.

2Set up specially set up "public prosecution case the parties reconciliation procedure", the concept of restorative justice based on the applicable conditions, the establishment of this program also has its own unique positioning, and the applicable scope and the sentencing consideration.

3The addition of "illegal income confiscated program", which is under the jurisdiction of the court, not discussed here.

4Added a "mental patients do not bear criminal responsibility according to the law of compulsory medical procedures", make up the deficiency on this aspect of procedural law in our country. From the decision and enforcement authority compulsory medical determination, applicable conditions, compulsory medical forced medical procedures of trial proceedings, and forced medical procedures and dissolution of several aspects in detail operational rules.