The Expansion of Procedural Power in Misdemeanor Governance and Its Rational Response
At present,misdemeanor governance through criminal proceedings is expanding procedural power to a certain ex-tent,both in theory and practice,and has the color of"program instrumentalism".Improper expansion of procedural power carries risks such as the aggravation of"symbolic procedures",insufficient procedural constraints of criminal proceedings and the functional impairment of the effectiveness of relevant procedural norms.The misdemeanor procedural governance needs to be based on the concept of procedural independence,return to the program modest and clarify the governance of public power.On the basis of drawing a clear line between program modest and program inaction,we adhere to the overall direction of"restricting power by expanding rights",and the right to read files and the right to raise objections will be used as support to reshape the pre-trial program modest.At the same time,the system of trial procedures will be improved a-round the review of public prosecutions,the proof mechanism,and the rights relief mechanism.
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