| Echoing with the gradual establishment and development of Socialist economy, rule the state with law, construction of a socialist country of "rule of law", promoting of socialist democracy and respect and protection of human rights have become topics of the times in contemporary China. To break the ground, responding these topics by means of theoretical arguments and system construction is the key issue in the academia during the last few years. Within this context, selection and research on the subject of criminal procedure in depth is undoubtedly of tremendous theoretical value and realistic significance. Because subject of criminal procedure may, in essence, be deemed as epitome of the individual image and political power structure of the society and the state in certain times, which corresponds to human rights, democracy and rule of law, three values of the modern society.1. Contents of the dissertationThe dissertation consists of 7 chapters. The first chapter streamlines and evaluates the findings that have been reached, and defines the scope of subject of criminal procedure. The second and third chapters discuss the fundamental rationales for constructing the system of subject of criminal procedure. On the basis of theoretical infrastructure and argument in the preceding two chapters and directing to the current plight of the subject of criminal procedure in the nation, the fourth, fifth, sixth and seventh chapters propose constructive schemes to reform and improve the present system.Chapter 1 Introduction of Subject of Criminal Procedure. This part retrospects the current theories on subject of criminal procedure at the outset and points out that these theories fail to grasp the key to the research on subject of criminal procedure. The value and focus of the research on subject of criminal procedure should be redirected to specific backgrounds when the theory first came into being in Germany. With the knowledge that construction of the system of subject of criminal procedureinitiates from the essential recognition of the subjective status of human beings, the thesis confines the subject of criminal procedure to state organs and all other action participants. On the other hand, the chapter analyzes the relations between the subject of criminal procedure and other relevant concepts of criminal procedure, including the relationships between subject of criminal procedure and objective of criminal procedure, subject of criminal procedure and structure of criminal procedure, subject of criminal procedure and function of criminal procedure.Chapter 2 Subjective Notion of humanism. This chapter firstly explores the core of the subjective system in modem societies, that is, the subjective status of human beings, and presents the essential rationale, the subjective notion of humanism, referring to the concepts of other curriculum. The thesis articulates the two connotations of the notion: on the one hand, human dignity and protection of human rights, and on the other hand, limitation of humanity. The basic proposition here is: the fundamental purpose for constructing a subjective system is to safeguard human dignity and protect human rights and stimulate and satisfy human needs. To achieve this end, limitations of humanity should be recognized and considered seriously. Abuse of state power should be circumscribed by rational system design. Moreover, the chapter discusses the topic from the respects of subjective philosophy, renaissance and religion reform, civil society, natural law and the theory of social contract.Chapter 3 Principles for constructing system of subject of criminal procedure -elaboration of humanism notion. This chapter analyzes the three dimensions of humanism notion that reflect in criminal procedure and take them as basic principles for constructing system of subject of criminal procedure in modern societies. These dimensions include theory of procedure subject that mirrors individual subjective status; power divisions and check among state organs as subject of criminal procedu...
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