On The Legislative Improvement Of The System Of Criminal Representation In China

To enhance legal construction is integral part of the construction of socialist harmonious society. Criminal procedure is an action to fulfill the state's right of punishment, and its social effectiveness not only lies in the control over the crimes but also in providing the criminal victims with requisite procedural safeguard in order to further the social harmony .Criminal representative system is a legal system that can better the circumstances for the criminal victims to take a part in the procedure,thereby,it's terrifically meaningful to improve it. In this paper, the author analyzes the current situation and its defect with regard to the subjects of criminal representative legal relation,the right of representation and the assurance of the representative right in the Criminal law of our state, and investigate foreign procedural representative system of parts of states and regions, then try to come up with some suggestions to improve the criminal representative system of our state .This thesis involves three parts:introduction, main body and conclusion,the main body has four chapters:Chapter1 Investigation into the current situation, the defects and the causes of formation of the criminal representative system of our state. At first, the author investigates into the current situation and its defects of our state's criminal representative system in the criminal procedural law from the aspects of legislation of the subjects of criminal representative legal relation, the rights of representation and the assurance of the rights of representation; then analyzes why the system has the defects, and points out the main causes are these facts: firstly, the authority doctrine remains in the legal practice; secondly, there is a limitation due to the principle of the balance between the prosecutors and the defendants; thirdly, the current situation of the criminal representative system in criminal procedural law lags behind the times.Chapter 3 The legal basis and principles to improve the criminal representative system of our state. At first, with a view to make foundation to improve the criminal representative system of our state, the author criticizes the statutory form of civil law regarding the subjects with the right to authorize agency. And introduce the the theories of due procedure in criminal lawsuit and of the procedural condition and the manifestation of them. Then points out that the principles of evaluation of interests, equal confrontation and special protection for the vulnerable groups should be observed. Chapter4 The improvement of the criminal representative system of our state. Firstly, the author analyzes the necessity of limit the persons who have the right to be the truster and trustee in order to make the function of the criminal representative system come true and keep the criminal procedure stable, come up with the legislative suggestion to improve the system; secondly, from the angles of the necessity to improve the system and how to improve and or construct, relates and analyzes how to form the system of criminal representation in the investigation procedure of the cases of public prosecution, appointed agency and criminal special representation, and how to entitle the agent the right to make a substantial expression; Finally, relates and analyzes theoretically the reasonable range of the rights of criminal representation that should be ensured and its legislative choices, then put forward the legislative improvement measures of substantial relief and procedural relief to ensure the rights of criminal representation.