Preliminary Discussion On The Principle Of Criminal Procedural Legal Ethics

The core areas of criminal procedural legal ethics are related to the good and evil of criminal proceedings.The perspective we hold on issues of good and evil in criminal procedural legal ethics, not only impact the depth of China’s criminal procedure law and legislative and judicial practice, and then impact the quality of criminal procedure law and legal procedure, but also have influence on the interests of country, society and participants, especially the immediate interests of parties, so the significance in this question is self-evident. Concerning to this question, the educational circles of criminal procedure law carry on several in-depth and fruitful discussions on some topics such as the procedural value and the purpose of criminal procedures, and gains some considerable achievements. It is the further research and the results obtained calling on more scholars to pay further attention to this area. This paper based on some related principals of normative ethics, through the use of relevant language and logical analysis from meta-ethics, aims to investigate the principals and methods of ethics in the criminal procedural law.Chapter one, makes an overview of the criminal procedural legal ethics. Based on the basic meaning analysis of moral, ethic and ethics and discussing the differences between criminal legal ethics and traditional individual ethics, it points out the distinctions of those on the aspects of ethical subject, specific moral requirements, enforcement ways and ethical evaluation mechanisms, and so on.Chapter two, the evolution and development of criminal procedural legal ethics, it discusses the evolution and development of criminal procedural legal ethics in countries and organizations through separately setting China, Western and international organizations as the point of view. Among them, the evolution of China’s criminal procedural legal ethics is parted into two parts, the ancient China and the new China, meanwhile the Western evolution of criminal procedural legal ethics is divided into several legal systems, namely before the formation, common law (mainly the United Kingdom and the United States introduced) and Continental Law (mainly the France and Germany introduced).Chapter three, the core areas of criminal procedural legal ethics-good and evil, on the basis of defining the core areas of criminal procedural legal ethics which are good and evil, firstly it sorts out the etymological meaning of good and evil, and separately discusses the differences which relate to issues of good and evil of ethics on ethnics history of China and the rest countries, then indicates the educational circles of criminal procedure law whose doubt on the content and methodology of the issues of good and evil in criminal procedural legal ethics, and comments on this briefly.Chapter four, the derivation of good and evil in criminal procedural legal ethics, on the basis of describing the content and method of the derivation of good and evil in criminal procedural legal ethics, it discusses the object elements and subject elements of the derivation of good and evil in criminal procedural legal ethics, and analyzes and demonstrates the function of awarding disputes, regulating power, and protecting rights of criminal proceedings, and points out and demonstrates the subject and the content which the derivation of good and evil in criminal proceedings are in need of.Chapter five, the basis of good and evil in criminal procedural legal ethics, it mainly analyzes and reveals the human basis, the social basis, and the essence of criminal procedure basis of criminal procedural legal ethics. The part of human basis reveals both emotional self-interest and rational altruism and demonstrates its influences on good and evil in criminal procedural legal ethics. The part of social basis separately analyzes its influences on good and evil in criminal procedural legal ethics from the economic, political, cultural aspects and so on. The part of the essence of criminal procedure basis mainly analyzes the nature of criminal procedure’s dispute resolution and its influence on good and evil in criminal procedural legal ethics.Chapter six, manifestations of good and evil in criminal procedural legal ethics-values, on the basis of analyzing and revealing various theories of the value of criminal procedure, it points out and demonstrates that criminal proceedings should be under the premise of in line with good or justice which is the total value of the target, reflects justice in manner of procedural structure, embodies human rights from the aspect of concerning protection of human rights, reflects efficiency from the aspect of procedural effectiveness. Among them, good or justice is the highest and the guiding value which should be called the value of the first level; impartiality and human rights are fundamental values which should be called the value of the second level; efficiency is conditional value which should be called the value of the third level.Chapter seven, the review of issues of good and evil in China criminal procedural legal ethics, it mainly uses ethical principles and methods, and several procedural issues which ethical issues outstand in China criminal procedure such as review of criminal justice, defense of lawyer, criminal procedure of rapid decision and so on are selected to analyze, and gives improving suggestions on this basis.