An Exposition On The Objective Of Criminal Procedure

The objective of Criminal procedure plays a central part in the field of criminal procedure. The practicality of taking the objective of criminal procedure as a starting point in the study of criminal procedure doctrine lies in that it can guide us to outrun the hedge of explanatory jurisprudence and plunge into the prairie of theoretical jurisprudence. It also can provide a compass for judicial practice. The objective of criminal procedure is the goal that a state hopes to attain by practicing the criminal procedure; it is a state's preconceived ideal model concerning the result of a criminal action; the way of its expression is in the form ideological form. In different historical periods and different countries under the same historical period, the specific contents of the objective of criminal procedure may be different. The western criminal procedure theory had advanced some doctrines about the objective of criminal procedure. Such as the crime control model, the due process model, the substantial reality model and so on. Chinese jurists also have put forward a doctrine, which is the unity of punishing crime and securing human rights.Viewing at philosophical and historical angles, the author has studied the basic doctrine of the objective of criminal procedure on the base of meditating on the related theories and practice home and abroad. In my opinion, punishing crime and securing human rights are the double objectives of criminal procedure. If we ignored the unity of the two above, and insisted on restraining the defendant's procedure rights in order to punish offenders efficiently, the abuse of judicial power and higher rate of mistaken cases would appear. At the same time, the goal of controlling the crime efficiently would be hard to attain. On the other hand, if the defendant's interests were absolutely superior to the interestsof the society and its other members, the substantive reality and the value of criminal procedure would not be ensured and the order of the law would be in the failure of safeguarding. On the premise of justice, legislators should find a fusing point for them to facilitate their coordinate application.As a result, the author raises a principle of dynamic equilibrium on the premise of justice and a series of specific doctrines and requirements to concert conflicts.