Norm And Action: The Positive Interaction Between The Constitution And The Crime Litigation

The norm is a type of elucidation diagram. If we give a sound action when norm is applying, it will be valid. Such explain maybe or not adapt for it's firstly describe. If all of our action can be understood for the following of the norm, or else will produce a sanction, there should be an order for action. We can explain norm according the order of action. When we face the conflict between the appropriate and real results we must make out the choice for the norm. Constitution norm influence the concrete crime litigation is not exception.In modern society, the degree that Constitution reflects criminal procedure or the crime litigation depends on the Constitution is strong or weak. Usually, the Constitution reflects the criminal procedure from two aspects. First, through the establishment of the national power system, the power can operate in the crime litigation and realize the mission of the crime litigation. Second, through the establishment for the basic right system to form boundary of penalty, the civil rights will not be destroyed by the power. The Constitution has the strong or week influence to the criminal procedure. The strong influence is the Constitution pays much attention to the crime litigation, or the performance of litigation will notescape the Constitution, or the crime litigation has the same significance to the Constitution explaining. The former we called the absolutely strong. The typical country is the United States. The latter is the relative strong. The typical country is the German. The week influence so called has not the above character. This situation exist unwritten Constitution nation or some variety and development countries.Investigate the relation of Constitution and it's pertaining to crime litigation in most countries, the degree of influence accord to the true level of the Constitutional government. In rule by Constitution, the influence is strong. Whereas is week. In the variety country, such reflect is during the process from week to strong. Of course, such trend has the exception, such as England. But for the most country of the written Constitution, the situation of England has not the catholicity. So, by the root speaking, the trend of the influence turns stronger and stronger in most countries of the modern society.The criminal procedure and the Constitution have the most closing which formulated in the history and develop during the long practice. The formal reason, one aspect is the heritage of the nature law thoughts and spread it by the mutual absorbing of different country. The other is that it is the inevitable outcome comes from the character of the Constitution and the criminal procedure. The character of Constitution is to control the power. According to the Constitution, we must choose the power controlling when face the inner conflictions happen in criminal procedure. The constitution has the strong political meaning. The criminal procedure is not only decided by macroscopic political setup but also performance the nation's democracy. The freedom is the important worth of the Constitution. The crime litigation concerns the body freedom specially and has the different meaning for protect the freedom. So it is very difficult to distinct the norm of Constitution and the crime litigation whencrime litigation proceeds. In addition, the right of pertaining to crime litigation has the same basic and important value. All above make the Constitution and the crime litigation has the close relation.The relation between the Constitution and the crime litigation include the abundant contents. If the Constitution has real result in criminal procedure we must not only depend on the adornment declaration of the norm. Our criminal procedure law provides that the criminal procedure must accord to the Constitution. All of the content of the crime litigation must not violate the Constitution, or''else, it will lose the effect. The Constitution makes the function in the criminal procedure from two aspects. First, it provides the power of judicial organ. Second,...