China's criminal procedure law is approaching its fourth revision.A comparative study on the codification models in criminal procedure laws in foreign countries and drawing on established international practices can provide valua-ble insights for this revision.Criminal procedure laws in foreign countries are all codified,characterized by early codifica-tion,comprehensive and detailed regulations,well-developed evidence systems,full guarantee of defendants'right to de-fense,embodying the trial-centered doctrine,relatively few judicial interpretations and extralegal norms,and aiming for civilization and rationality.Moreover,most countries adopt the codification approach for the revision of their criminal proce-dure laws.Compared with mature criminal procedure codes in foreign countries,China's criminal procedure Law still lags in terms of the degree of codification,the number of provisions,the evidence and defense systems,basic principles,key rules,and the implementation of trial-centered doctrine.The failure to achieve substantive codification has led to promi-nent phenomena such as"secondary legislation"through judicial interpretations and explanatory documents,poor connec-tion between the criminal procedure Law and other laws,the prevalence of an"investigation-centered doctrine",and in-adequate protection of the defense rights of the accused,among many other practical problems.This revision should follow a"comprehensive revision"model,significantly increasing the number of provisions of the criminal procedure law,reduc-ing extralegal norms,establishing universally accepted basic principles of criminal procedure,and implement the trial-centered doctrine.The codification revision model should be adhered to for China's criminal procedure law,which is not only necessary due to the nature of the criminal procedure law and the need to align with international standards,but also essential for enhancing the authority and uniformity of the criminal procedure law and promoting the construction of Chinese-style modernization.
extraterritorial criminal procedure lawcodificationcomparative study
万方数据
维普
