Procedure Specialization and Special Procedures in the Criminal Procedure
In addition to regulating the prosecution of general subjects and general crimes,the Chinese Criminal Procedure Law also provides for litigation procedures for specific subjects or specific crimes.This type of litigation procedure,namely procedure specialization,is a legislative phenomenon that widely exists in various countries and historical stages.It can greatly refine procedural governance and make criminal procedures more targeted and,as such,is conducive to punishing crimes,safeguarding human rights,improving litigation efficiency,and achieving certain specific criminal policies.There are three legislative models of procedure specialization:single model,subsidiary model,and special chapter model.Special procedures are the products of the development of procedure specialization at a certain stage,while proce-dure specialization is the prerequisite and foundation of special procedures.The transition from procedure specialization to special procedures typically follows the following logic:firstly,the demand in judicial practice and the accumulation of judicial experience are the practical founda-tions for special procedures;secondly,the promotion by national policies and high-level leader-ship are the political basis for special procedures;and finally,mature top-level design and suf-ficient legislative research are the theoretical basis for special procedures.However,the exist-ence of procedure specialization does not mean that special procedures can be set up.The con-ditions for setting up special procedures still need to be strictly limited and the principles of modesty,necessity,and coordination must be followed.Special procedures in China have three functions:first,to make up for the shortcomings of general procedures and refine criminal pro-cedures;second,to combat and prevent specific serious crimes and implement specific criminal policies;and third,to balance the litigation values of fairness and efficiency.In the future,the number of criminal special procedures in China can be appropriately increased and multiple leg-islative models can be comprehensively applied in different fields.For several representative types of special crimes,specialized legislation can be made in light of related issues,such as industrial regulation,administrative penalty,conviction and sentencing,comprehensive govern-ance,etc.,rather than through special procedures.For general cases or cases where there are no obvious difficulties in applying substantive laws,there is no need to formulate specialized legislation.
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NSTL
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维普
