Study On The Adjudication Of Criminal Procedural Dispute

The adjudication of criminal procedural dispute means the court to hear and settle the procedural dispute of criminal proceedings by certain judicial procedure according to fact and law, then makes a conclusion with constrained strength of laws, and means the whole procedures. Such procedures can not judge whether innocent the defendant to be, but it can impel the trial go on smoothly, raise the parties'ability of participation, facilitates optimizing the structure of litigation, strengthen the supervision to the national judicial authority and their staff members, establish the judicial authority, boosts the realization of the goal of criminal procedure law. So it should be an institutionalized procedural safeguard, run through in the whole lawsuit course, become a system that solves all procedural disputes.There are lots of clauses about the adjudicating of criminal procedural dispute in our existing criminal procedural law and relevant judicial explanation, but they also have a great deal of defects to a certain extent, for instance: the rang of criminal procedural dispute that can be adjudicate are not clearly, some procedural rules have defects, lack of safeguards of parties'procedural rights, etc. These defects not only can't help to protect the parties'procedural right, but also can't help to control the judicial authorities and their staff member's actions by judicial means, consequently damage the independent value quality of our criminal procedural law. In order to ensure the settlement of procedural dispute and to make the process of criminal proceedings in sequence, we should perfect the regulation of adjudication of criminal procedural dispute in legislation. Firstly, reforming the judicial circumstance that adjudication of criminal procedural dispute to be running; secondly, improving relevant legislation, make the rang of dispute that can be adjudicate more clear; thirdly, constructing a more effective process of proceedings around the subjects of adjudication, the burden of proof, the prove standard, the hearing etc, include the settlement of the procedural dispute in the lawsuit track, finally, give the parties more extensive procedural right, make the adjudication of criminal procedural dispute more function.