The National People's Congress(NPC)has included the modification of the Criminal Procedure Law in its work plan for this session NPC.As the basic law that regulates criminal procedure and restricts the conduct of the subject of litigation,the working principle of the functional division between public authorities in criminal procedure should be clarified.Democratic centralism is the principle of the national institutions'organizations and activities stipulated by the China's Constitution,and it is also the guiding principle of functional division among public authorities established by the existing China's criminal procedures.That is embodied in the working principle of"division of functions,coordinate,and check each other"in criminal proceedings by people's courts,people's procuratorates,and public security authorities.Democratic centralism determines the centralization of power and the relativity of the division of functions in China's criminal proceedings.In the new era,the principle of democratic centralism in criminal procedure should be developed,and the trend of the times should be changed from the power standard to the rights-based,so as to realize the fundamental self-consistency between the principle of democratic centralism and the criminal procedure system,and promote the modernization of criminal procedure.
criminal proceduredivision of powerspower standardright-basedjudicial democracy
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