The modernization of the Chinese judicial system has become a significant background for the amendment of the Criminal Procedure Law.Currently,research on the amendment and improvement of the Criminal Procedure Law requires a clear understanding of the connotation and scope of the core proposition of"modernization of Criminal Procedure Law with Chinese characteristics"to find out the basic laws that should be followed in the Chinese-style judicial modernization and to continuously improve the quality and efficiency of the handling of cases in judicial practice.The concept of Criminal Procedure Law modification and improvement should be updated,and the main difficulties facing the law amendment in China should be sorted out.Outdated legal concepts and ideas should be changed,and the unreasonable constraints of the current judicial system should be broken through.The objective conditions for establishing a Criminal Procedure Law code in one step are not yet mature.However,the"making all necessary amendments"approach should be adopted to respond to the key and complex issues.This mainly includes the construction of criminal negotiation procedures,the confirmation and guarantee of the reform of the trial-centered system,the guarantee and improvement of the right to defense,the construction of the system for eliminating criminal records,the improvement of criminal execution procedures,legislative amendments to foreign-related procedures,the construction of procedures for disposing of involved property,the modification of residential surveillance procedures,the improvement of procedural sanctions,and suggestions for improving the evidence system.
关键词
中国式司法现代化/刑事诉讼法/立法修改/重点问题
Key words
Chinese judicial modernization/Criminal Procedure Law/legislative amendments/key issues