Research On Time Limitation Of The First Trial Of Criminal Procedure

Abstract: In order to protect human rights with speedy trial, Chinese Criminal Procedure presents the institution of Time Limitation, which is unique in the world. The most problem with which we are confronting is the pressure caused by Time Limitation. With practical investigation and model-study on the pressure of Time Limitation, this article probes deeply in this field.First, this article studies the origination of the institution of Time Limitation, traces its history, and analyzes its causes of origination with its background. I pointedout that it is a deliberate design of a special ear, rather than an accidental output.Second, this article practically investigates the actuality of Chinese institution of Time Limitation, and presents some precious first-hand materials based on questionnaires, interviews, and statistics. Subsequently, I analyze the causation of Time Limitation from all the aspects of judicial system, case distributing, and documental trial. Furthermore, I study the influence upon due process and substantial justice proposed by Time Limitation.Third, this article studies foreign institutions, with introduction of main regulations of related issues of other countries, and interprets the causations, as well as how these countries protect human rights with speedy trial. I intend to review Chinese Criminal Procedure based on the comparison to foreign experiences, and give reference to the amending of our legislation.Forth, based on the former researches, I review the institution of Time...