Study On America's Constitutional Criminal Procedure In The Perspective Of The Procedural Jurisprudence

As a kind of governance, criminal procedure is always a tool to control the society both in the traditional and in the modern. However, in different stages or periods, it exists by two main aims, to guarantee fundamental rights or to perform public power. In human history, criminal procedure is mainly based upon the aim to perform public power in traditional society and mainly grounded on the goal to guarantee fundamental rights in modern society, of course with the subsidiary aim existed in both circumstances. For example, to guarantee fundamental rights has become both theoretical and practical focus in modern criminal procedural field, but in order to enforce the public power and control the crimes effectively, criminal enforcement organs are endowed with the power of search, seizure, arrest, put somebody into custody, wiretap or eavesdrop, and so on which are all related to intervening fundamental rights. So it is really an important and complicated task to balance the main aim to guarantee fundamental rights and subsidiary one to perform public power effectively in every country's criminal procedural rules on remedying the fundamental rights. Of course, there is no exception to China in this topic.This paper is mainly on this topic with the theme of Study on America's...