Research On The Establishment Of Criminal Procedure

The criminal procedural structure established in the Criminal Procedure Law of 1979 can be described as a super-ex officio model. After the amendment of it in 1996, the legislators pay attention to absorb the reasonable elements in the criminal procedure of every country in the world, especially of Anglo-American Legal System What's more, they pay attention to the balance of the contradiction of the powers and the rights, and the procedure establishment has advanced with big strides toward reasonalization and scientification. However, after all, any legislation must endure the test of the practice and wait to be judged justly by the practice. During the five years of the enactment of the amendment of the Criminal Procedure Law, many problems exposing in the judicial practice manifest that the procedure establishment in our country has the necessity to be continued probing. The academic circles pay close attention to it but they generally limit in the partial comments, short of system and comprehension. In the light of the situation, the article studies the problem of the establishment of the criminal procedure comprehensively employing the dialectical, comparative and historic methods. It inspects the history of the establishment of the criminal procedure and especially examine the situation of the establishment of the criminal procedure of contemporary Anglo-American Legal System, Continent Legal System,. Japan and Italy, from which it seeks for enlightment and probes the laws, and then, it probes the theoretic bases and the general principles. Furthermore, it relates the theories with the practice, analyzes the problems existing in the procedure establishment of the investigation, prosecution and trial allaround and puts forward the idea of the reform. At last, it raises the evaluation and its standard of the establishment of the criminal procedure, which provides a reasonable coordinate to continue improving it, and is also a motivation to promote the modernization and scientification of the procedure further.