The operation of China's criminal procedure emphasizes the independence of different pha-ses,the segmentation of procedures,and the dominance of governmental agencies,characterized by a distinct phase-based structure.This phase-based structure reflects a model of power distribution in the judicial domain that underscores the value orientation towards practical efficiency and effectiveness.However,the phase-based structure of criminal procedure has inherent deficiencies in terms of the dis-covery of truth,protection of human rights,and the coordinated development of procedures.Essentially,litigation is an integrative activity with a unified goal and a unified subject,where the phases of litigation merely describe and summarize the case-handling status of various specialized agencies,rather than ser-ving as the goal of procedural construction.Therefore,it is necessary to reform the current overly seg-mented litigation procedure based on the principles of holistic procedure.In terms of procedural opera-tion,the focus should be on a trial-centered holistic structure.At the level of judicial reform,a holistic coordination mechanism led by the Political and Legal Affairs Commission should be implemented.Re-garding the improvement of litigation rules,the focus should be on human rights protection to refine the application of the law.
Criminal Procedure PhaseHolistic Principle of Criminal ProcedureTrial CentrismInvestigative CentrismLegal Aid
NETL
NSTL
万方数据
