The National People's congress attracted the most attention, than the amendment to the Criminal Procedural Law. For me this criminal procedure law of 16 years of people, should be good. But later found out, and the popular fallacies combat, do a little tired. Because the male know misdirect netizen said: the new criminal procedural law especially in 73 and 83, is a throwback!

So furious, about the "secret arrest" hearsay dust on the noise, some traitors.

Is this really the case? Some people call for careful comparison of old and new provisions?

1979Years and1996Years of criminal law stipulate:"Detention, in addition to hinder the investigation or not notice, shall give the reasons for detention and the place, in twenty-four hours, notify the detainee's family or the unit to which he belongs."That is to say,AlsoNo matter what is the crime, as long as it is to the investigation or not notice, may not notice.

In accordance with the new draft criminal procedure law article83The provisions of article,The arrest must be in24Hours to inform family members, would hinder the investigation does not notify the family situation, only suspected of crimes of endangering national security, terrorism, and provisions would hinder the investigation situation disappear, it shall immediately notify the detainee's family.That is to say, the at least three limited (1) would hinder the investigation or no notice, no longer applies to any charges, but only limited to the crime of endangering national security, terrorism, greatly reduced the range (2After) would hinder the investigation situation disappear, it shall immediately notify the detainee's family, unlike the old law at random without notice. (3) must notify the family, not the families or units, families informed right guarantee. Three aspects, areRestricting public power, safeguarding human rights.This is not progress, is it?

Why is there"Unable to inform"As an exception? Simple example: Yao because the crime was caught, refused to say his real name and home address, but not torture to extract confessions forced him to say, and so on24Hours did not inform his family, even his family members who do not know how to notice? The law must consider the reality of exception.

Others said, that remove the crimes of endangering national security, terrorism crime exception okay? I think not, for three reasons: (1) crimes of endangering national security, terrorism crime is the focus of USA blow, for example, Russia and other countries to strengthen the fight against terrorism crime and limitation of the suspect and accused person's right, do a more stringent than Chinese rather than more relaxed. At least the new criminal procedure did not like the America "2011Annual National Defense Authorization Act "provisions that could have been detained without trial of criminal suspects, until the"Hostility"Disappear. (2) major criminal crimes of endangering national security, terrorism crime relates to the interests of the state, if the poor, will endanger national security and public interests. If there isABCDFour people suspected of involvement in terrorism, now arrestedAFor Zhang, netsBCDIf necessary24Notice that the familyBCDAfter hearing the news will escape or temporary change of criminal plan, will cause more harm to the public, then onlyBCDAll captured to inform family members, so as not to act rashly and alert the enemy (3Worry about the exception) abuse, it relates to the implementation of the law, judicial authorities issued rules, relevant articles of the criminal law will be revised. But if the potential abuse of grounds for objection, then any legal norms have the problem of abuse, not to be confused legislative and judicial."In all the cases will be authorized, the first decision point is, such a power for the public interest need; secondly, in the case of the decision of approval, as far as possible to effectively prevent the abuse of power"--"Federalist Papers" in this sentence, you can't skip the first sentence and talk only second sentences.

Others worry that the crimes of endangering national security provisions are not clear, want to let the new criminal procedural law. The criminal law is the procedural law, substantive issues should be made by the criminal law. The current "criminal law" provisions in Chapter 112Provisions have been defined deliberately harm the people's Republic of China's territorial integrity and sovereignty and security, to subvert state power, overthrow the socialist system behavior is crime, no punishment thought. The average person is difficult to commit this crime, need not worry too much. Of course, for the crime of terrorism, there should be more clearly defined in the substantive law.

 In addition, the new criminal procedure law article73The specified home residential surveillance, the old law itself (the old law57In the first paragraph), not new invention. The new law has expanded its scope of application, the original must be put in the detention house people, now have a new option can not be directly the detention and arrest. A fact or widened. Some people think is the "double" of the expansion, but did not think this is "downsizing.". Residential surveillance shall old law has loophole, provides only without permission"To meet with others"Unable to access the Internet, but it doesn't say. Therefore, residential surveillance after suspects can contact accomplice. Especially in the suspects home residential surveillance is even more so. The practice of public security would rather choose to close the detention of criminal suspects. New law73The expansion of the specified range home residential surveillance, it makes some originally to the detained suspect can not be held. This is not the guarantee of human rights? For the crimes of endangering national security, terrorism crime and crime of particularly great bribery and designated residential surveillance, in addition to not notice, but also need to notify the family, so there is no secret. "". If you block it through, the protection of human rights will return to the old law, which was thirty-three years ago or sixteen years ago, it is people like? The society will advance, the rule of law should also progress, even if it is a small step, all should be encouraged, not to kill.

 Why do some known are so sensitive? Because the crime of endangering national security touched some g-spot. Some people just don't understand the difference between new and old method, and some people may be to his crime left posterior.At the National People's Congress or the public opinion, in favour of2639Opposition160, waiver57The new criminal procedure law. The rule of each step, a step that is composed of a small. Congratulations on the new criminal procedural law!

American "2011 National Defense Authorization Act", S.1867 Section 1031: , without trial, custody, until (detainees) "hostility". At least from the text, it's the domineering.

 Reference: the new criminal procedure law and the draft of the old and new contrast:Http://china.caixin.com/2012-03-12/100367302.html

Add: Amendment to the Criminal Procedural Law voting results: for 2639, against 160, 57 abstentions. The people's eyes are sharp!