Criminal Humble Theory

The modestly restriction of criminal procedure can be investigated from threeaspects: historical evolvement, theoretical analysis, and legal regulations. Firstly, the rules and directions of criminal procedure evolvement can beobserved in the view of the historical aspect of criminal procedure modestlyrestriction. Criminal procedure has developed from god-decide-all criminal procedureto king-decide-all procedure, and then civilized criminal procedure, which led a serieshistorical changes, such as the model of criminal procedure, evidence rules, theposition of judicial power, the rights and obligations of the accused, and so on. It canbe declared that the history of criminal procedure shows the tendency of more andmore modestly restriction since the intrusion of the country to punish crimes. Up tonow, the criminal procedure has developed in a more modestly restrictive way.Secondly, criminal procedure modestly restriction can be understood as an innerspirits or value preference in the aspect of theoretical analysis. It was achieved afterthe rational recognition of such theories like the value of human kind, the functionand object of criminal procedure, and the development rule of criminal procedure.Lastly, criminal procedure modestly restriction can be divided into legislativetolerance and judicial modestly restriction in the view of legal aspects. The formerrefers to the modestly restriction during the legislation of criminal procedure, whilethe latter includes the modestly restriction during the filling of the case, investigation,prosecution, trial and sentencing stages. In the modern civilized countries, criminal procedure modestly restrictionincludes the following aspects: Firstly, chances for criminal procedure to resolve disputes have greatly reduced.Criminal procedure is only one kind of dispute resolving methods, and has becomemore and more weakly. A lot of disputes which were traditionally resolved bycriminal procedure are settled in a civil or administrative way nowadays. Secondly, criminal procedure has become the last method being used for disputes.The nation and society are required to use as much as possible civil and administrativemethods instead of criminal procedure, while the criminal procedure can be used onlywhen all the other methods do not work effectively. Thirdly, the measures of criminal procedure must be taken cautiously, forexample, using more non-prosecution system instead of criminal prosecution, usingmore lenient measures, such as bail, search and seizure in the daytime. In the morecompetitive society, a person will be greatly influenced of his freedom, dignity,fortune, life and work once involved in criminal procedure. Some of these influencesare quite unfair and never can be retrieved. Thus, criminal procedure must be takencautiously no matter weather it was the real criminal or not. Fourthly, both parties should be compromised during the criminal procedure. Theprecondition of compromise is the equally discussion and reconcile of both parties ingood faith. To achieve this, the following requests must be met. Firstly, the balance ofboth parties, the independence and impartial of judicial power should be guaranteedwhich can only be fulfilled by the respect of the fundamental human rights andprocedural rights of the accused. Secondly, both parties are given enough chances toparticipate, choose and influence the method and process of dispute settlement. Lastly,disputes should be settled through mediation and contract. The regulations that showscompromise in criminal procedure are plea bargaining and mediation. Fifthly, the result of criminal procedure should be tolerant, which was embodied by the tolerance to the accused during the tolerant criminal procedure. The tolerance in criminal procedure can be divided into direct tolerance and indirect tolerance. The direct one is the procedural tolerance, which means the accused broke away from the burden and influence of criminal procedure by means of deterring the time of entering criminal procedure, getting rid of criminal procedure...