Criminal Litigation Modern National Basis Reconstruction

This thesis is consisted of two parts. The first part includes chapter 1, chapter 2 and chapter 3, which discuss the inevitability of modernization of criminal procedural law and the importance of restructuring the public foundation in this historic process. The second part include chapter4, chapter 5 and chapter 6, concerning on how to realize the restructure of public foundation for the modernization of criminal procedural law.The first chapter makes analysis about the basic concepts. First it is noted that modernization is reform, a reform from a traditional society and system into a modern society and system, a reform of civilization development attributed to the development of productive force. This multi-level process itself is developing the new and casting the old, which can not be achieved at one time, nor can be separated into different parts, but a continuous historic process. It emphasizes that each nation should pursuit its modernization on the ground of its particular historic circumstances. Therefore, modernization is a unity of periodicity and continuity, a unity of globalization and localization. Further more, it is noted that accompanied with the modernization of the state and society, the modernization of legal system is a process from a man -ruled society to a law-ruled one, from rule-by-men value-regulation system to rule-by-law value-regulation system. It calls for an all around modernization of legal regulations, legal mechanism, legal notion, legal directive philosophy and the modernization of legal culture reflected by the legal operation and the modernization of man, the important subject of legal relationship. It also analyzes that the overlapping of globalization and localization is inevitable against the globalization background. However, the modernization of legal system is by no means the westernization, because it is a process from the traditional to the modern on the completed historic ground. The traditional and the modern are interacted and advance gradually. Man is the key element of modernization. Upon this conclusion, this chapter discusses about the public foundation, pointing out that man is the prerequisite, not only the ordinary people, but also the professionals, not only individual, but also groups. Other elements include legal notion, legal sense, legal recognition, legal quality, legal belief, legal tradition and legal culture. It concludes that in current China, public foundation is the key for modernization of...