On The Function Of The Object Of Criminal Procedure

The object of criminal proceeding is an important issue in criminal procedure theory, whose action to juridical practice can be found in its own function. Clear understanding and master of the object theory is the premise of conscious perception with full awareness to the function of criminal procedure object. And on this basis, the real question that encountered in juridical practice can be rightly resolved. This paper deals with the subject from such perspective.The full paper is divided into four chapters:Chapter one is the basic theory of criminal action object. The basic theory of criminal action object will be discussed from the following three aspects: concept, content and features. The first part is the concept of the object in criminal proceedings. To clear this issue we must understand the concept of the object first. It is not only a philosophical concept but also a legal concept.On this basis, the concrete definition of the concept of the object of criminal proceedings could be criminal proceedings implementation of the object is the main criminal proceedings, criminal activities carried out at the target. The second part was the elements of criminal object. The main disputes in the contents of the object that were held by different criminal scholars can be summarized as follows: penalty right theory, criminal liability theory, facts of the crime, facts of the case and dualistic theory. Based on the evaluation and research on these theories, the author believes that the objects of criminal proceedings include the facts of the case and criminal liability.And the facts of the case plays a decisive role, it determines the size and the availability of criminal liability. The third part is characteristics of the object of criminal proceedings. The characteristics embody the uniformity and homogeneity. As for the concept of uniformity, Japan and China's Taiwan region defined it as inseparable,which is worth drawing upon.As to the standard of identifying,different countries have different theories. According to China's judicial practice, I believe that we should uphold the theory of"laws are inseparable."Spcificlly speaking, under the criminal law is to shape theory of the crime on the provisions of the Penal Code will be provided for a fact that the crime of criminal acts identified as a single object, and provisions of the Penal Code the crime of criminal acts on the fact that not a single object. On the aspects of identity, the theories that all countries have are different too.After analying, I believe that it should be defined as a different stage of the proceedings took place in the product, which is from a vertical perspective to understand the object of criminal proceedings. As to the standard of identity,I discussed from this two key points:identity and the identity of this matter, and ultimately I conclud that the law should be in accordance with the same understanding of the standards that the object of criminal identity.Chapter two is the genral function of the object of criminal procedure.This chapter discusses the criminal action object's function from three parts. The first part: to get clear the criminal case and the competent court. First on the facts of the case to the jurisdiction of the Court's role clearly, it determines the scope of the jurisdiction of the court from the perspective of cross. Secondly, said the criminal liability of the jurisdiction of the Court's role clearly, it disscussed the vertical angle of the jurisdiction of the court case. Clear jurisdiction over criminal cases criminal activities to be carried out is the most important aspect in determining the jurisdiction only after the proceedings before other activities. Criminal object unitary theory in a clear identity and criminal cases on the jurisdiction of the Court plays an important role in their longitudinal cross from the final two lines of the jurisdiction of the court case. The second part: to be clear the scope of the effectiveness of the prosecution. First on the prosecution of uniformity, the prosecution emphasized the principle of uniformity of the indivisibility of the prosecution unit. Second, on the prosecution of identity. Through the prosecution uniformity and prosecute identity it finds that the effectiveness of the prosecution clearly, this is the basis of the exercise of the right penalty.In the third part, this paper defined the scope of res judicata. First, the uniformity of res judicata effect. Single judge should adhere to the"law indivisible", and that the Criminal Code on the basis of morphology theory of the crime, its provisions for a fact that the crime of criminal acts identified as a single object. Second, the identity of res judicata effect.Here, from the author's identity and the identity is a limit to the persons identified two areas of res judicata in the scope of application. Criminal object of uniformity and homogeneity trial are the same principle of the theoretical foundation, which were single and identity angle limit the scope of res judicata, which identified under what circumstances can produce res judicata.Chapter three is one of the functions of the object: changes in the appeals.The author on the subject of the article clearly that the Court changes the offence, as the start point of the exposition. The first part: the theory of external laws of the state were studied. In this part,it compares some of the major countries in the court of Two Schools countries changes in the apples and the different provisions of the theoretical background.The terms of reference of the civil law countries pursue the litigation mode; it allows the court to change count. At the same time, these countries took note of the legislative protection of human rights of the accused, it takes some certain limit from procedural. The second party : trial the same principle. Criminal trial is the same principle embodies the characteristics of the object, he calls for criminal justice to the scope of persons involved with the prosecution of the persons involved in the scope of the same, that is, the object of the prosecution and the object of the trial in line. Firstly trial on the same controlled trial is the principle of the separation of an inevitable requirement. Controlled trial principle of the separation of the trial does not require the exercise of complaints functions, and the judge hearing the case can not exceed the plaintiff's claim, which is the same request trial, the trial object and scope of the severe restrictions imposed by the prosecution. Second trial discussed the scope of application of the same principle, the scope of criminal proceedings in relation to the identity of object, that is, the identity and the identity thing. Demanded the trial of the identity of the accused and the prosecution of the accused should be consistent, and it further said that the consensus here is the line itself, instead of the same name. Identity is relative complexity . There are two main theories: that the same law that the same basic facts and said. After comparative analysis, I believe that the law should be applied to the same judge said the same thing. From these two areas identified trial the same scope of the application of the principle. The third part, our courts convicted the issue of change and improvement. Firstly whether the court can change there are two points of view on this issue, which is for sure that, the negative and said. Comparison of the two adopted, I believe that we should affirm count change. Second is on the change of China's courts convicted problems. Legislation does not specify any change in scope, procedures, and the lack of constraint conditions and the terms of reference of the litigation mode, which can affect change in our country's court system count. Finally, on the change of China's courts convicted perfect. Criminal is mainly from the start of the object being discussed and improved views. Specifically include: object from the contents of the restrictions on the count change from the characteristics of the object to change count on the restrictions and other constraints.Chapter four another function of the object: to prohibit duplication of prosecution. The first part is the comparative inspection of foreign theories. By comparing and analysing the rule of prohibit duplication in the civil law countries and the common law countries ,I conclude that although the titles are different, the spirit is essentially the same: protect the accused,and prevent the defendant from the danger of being accused for two times.Therefore, I choose to discuss the principle of prohibit recourse in this paper, the principle of the object. The second part,the principle of prohibition of duplicate prosecution. In this part, the author describes respectively in idem principle outlined, as well as the scope of its application. The third part is the problems of prohibit duplication prosecution and its improvement in China. In this part, the author believes that in the application of prohibit duplication of prosecution in China,there exist three aspects problems: First, the recovery in the first instance to prohibit duplication in question. It reflected in two aspects, the procuratorial organs charges after the prosecution and the court to count change.Second, the recovery in the second instance to prohibit duplication in question. It concentrated expression in the second instance on the principle of the comprehensive review. Third, the recovery in the trial prohibit duplication problems in the monitoring procedures. It is mainly reflected in the scope of the trial supervision procedure too. In response to these different procedures in the issue, the author is based on the object of criminal proceedings were made perfect views of the judiciary proposed to amend relevant laws to prohibit duplication perfect recovery of application of the principle in our country.