| The paper tries to construct and use an analysis frame of relations among country, society and individuals in criminal procedure research by the help of social jurisprudence and legal philosophy theory on relations between country and society. The author makes a thorough discussion on some issues, such as social essence of criminal procedure, character and function of main powers and rights in criminal procedure, and possibility for promoting rights, then briefly presents the society-based theory in criminal judicial reform and related approach to it. The dissertation includes 5 chapters.Chapter 1: an analysis frame of relations among country, society and individuals This chapter presents a research position on the basis of history and main theory of social jurisprudence, which has enlightened criminal procedure research in China quite a lot. The chapter briefly analyzes theoretical and practical foundation of the frame of the relations among country, society and individuals, that is, civil society theory and its analysis frame, and criminal judicial practices in respect of social jurisprudence. Also, the chapter sets forth academic values of the frame: reform and development of basic theory, further research on basic domain of traditional procedure research, and examination of criminal judicial reform.Chapter 2: development of country and evolvement of powerIn need of understanding relations among country, society and individuals, this chapter analyzes essence of country, society and individuals in respect of legal philosophy, and discusses relations among the three parties, character of each party, difference to each other, and joint development in harmony. This chapter also synopsizes rules of national powers' development, and points out the tendency of it, that is, from the model that national powers were controlled by other national powers to controlled by social rights.Chapter 3: probe on essence and effect of criminal procedure based on relations among the three parties This chapter starts with the problem that criminal procedure is seismograph of constitutions, and argues the relevancy of criminal procedure to the development of country and society. The chapter also points out defects of traditional analysis on essence of criminal procedure, and presents social essence of criminal procedure in which makes a deep analysis on the factors of body and acceptability. Based on the above foundations, the dissertation presents the concept of criminal procedural effect in respect of legality and acceptability.Chapter 4: analysis on procedural powers and rights based on relations among the three partiesThis chapter tries to probe due foundation of criminal procedure by using the basic analyzing tools of powers and rights. In doing so, the chapter analyzes functions and developing problems of main powers and rights in criminal procedure: prosecutorial powers, judicial powers, defense powers of lawyers, and rights of the accused.Chapter 5: criminal judicial reform: introducing the dimension of societyThe chapter synopsizes the social dimension in criminal judicial reform. The author introduces social rights and its legal foundation in criminal procedure to present the improvement of judicial function in respect of judicial activation and its free evaluation.The conclusion of the dissertation is as follows. The cross development of law and society is a basic factor in determining legal research and development of law. The problem of public law in essence is that of the development of country and society. We should focus on research position of legal jurisprudence, enlarge research area, and enhance research on basic theories and practical problems based on sociology in the field of criminal procedural research. The view of social function will further understand the rules of criminal law and criminal justice. It is acceptability and reconcilement of the wills from country, society and individuals that originally decide the procedure itself, the course, and even the result of it. We should star...
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