Criminal Proceedings Of The Constitutional Perspective Study

Constitutional government is the best design of political system to regulate political power and protect civil rights, which has been proved by the practice of human beings in law construction. It is also the best representation of the rule of law which is a method of "governmental administration according to good law". In China, "respecting for and protecting human rights", "governing state by law", "constructing communist legal state"," constructing political civilization" have been the main era themes .It is the focus of concern of law circle to prove these themes theoretically and to construct systems accordingly .Under such circumstances, it is significant both theoretically and practically to study criminal proceedings from the point of view of constitutional government. As the enforcement form of constitutional laws, criminal proceedings most directly connect with rights and power which are the main factors of constitutional laws.The thesis includes three parts. The first part focuses on the relationship between constitutional government and criminal proceedings. The second one, consisting of Chapter two, three, four and five , describes the main principles of criminal proceedings from the point of view of constitutional government. The third one, consisting of Chapter six, seven, eight and nine, introduces the schemes and ideas of reform on the basis of preceding discussion. The following is the main structure of the thesis.Chapter One, the relationship between constitutional government and criminal proceedings.The definitions of constitution and rule of law are chosen to analyze and discuss the relationship between constitutional government and criminal proceedings. Firstly, the relationship between constitutional government and criminal proceedings are analyzed from the point of constitution. The basic approach to constitutional government is to enforce constitutional laws. Constitutional government requires the authority of the constitution. As the direct enforcement of the constitution, criminal proceedings law is the law which has the closest connection with constitutional law due to the particularity of criminal proceedings itself. The development of criminal proceedings system has been influenced significantly by the theory and practice in constitutional law; on the other hand, criminal proceedings are the "seismograph" of constitutional law, criminal proceedings and constitutions develop together. Secondly, rule of law is the basis of constitutional government. Constitutional government is the representation of rule of law. Criminalproceedings are the requirement and the main content of rule of law .the rule of law in criminal proceedings is an important criterion to judge whether a state is a legal state. In conclusion, the criminal proceedings and constitutional government share the two main factors: one is power restriction; the other is personal rights protection. Constitutional government decides the quality of criminal proceedings. There are many kinds of constitutions in history, but only in the circumstance of constitutional government, can the civil rights in criminal proceedings be realized. It is evident that the atmosphere and consciousness of constitutional government affect the legislation and enforcement of criminal proceedings. In addition, the breakthrough in criminal proceedings reform will depend on the breakthrough in idealism of constitutional government. Thirdly, the relationship between constitution and criminal proceedings is further discussed, by choosing the examples from the U.S.A, Germany and Japan. In America, the relationship between the constitution and the criminal proceedings is integrated; in Germany, the criminal proceedings is considered as the "seismograph" of the fundamental Law .In Japan, the criminal proceedings law is the direct enforcement of the Constitution .In countries where constitutional government are developed ,criminal proceedings and constitutions have a very close relationship.Chapter Two, the basic theories of constitutional government and cri...