The Basic Direction of Criminal Procedure Law Re-Amendment in the Era of Codification
In the era of codification,which has already begun with the Civil Code,the issue of codification has naturally attracted much attention as the Criminal Procedure Law is being revised.However,the debate of codification or re-codification is not the key issue;what is more important is the path and specific content of the revision.The integration of"extra-legal norms"and the appropriate increase in the number of legal provisions are not only the trend,but also an important path to accomplish the task of amending the law.In accordance with the task of promoting trial-centered reform of the criminal procedure system.This amend-ment should establish trial-centeredness as the goal.Constructing a two-tier litigation goal of"actions in personam"and"actions in rem",and further strengthening the disposal of property involved in the case,is the inevitable requirement of property rights protection.In the era of misdemeanors,it is particularly necessary to rationally allocate criminal procedure resources,and to pro-mote the trial of suspected cases while focusing on the rapid trial of simple cases.Based on the requirement that legislation serves justice,this amendment should review the specific practical problems of criminal procedure in the whole process,further improve the relevant system design and operational measures,and lay a solid legislative foundation for the modernization of the rule of law in criminal procedure.
criminal procedure lawre-codificationtrial-centeredactions in remlitigation resources
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维普
