Research On The Inform Procedure Of The Criminal Proceedings

There are two main targets of criminal proceedings, including crime prosecution and human rights protection in the modern society. It is the primary assignment of criminal procedural law as "institutions for rights of the accused" that how to strive for the balance between crime prosecution and human rights protection. The equality between the plaintiff and the defendant has drawn into the China's Criminal Procedural Law since the revision in 1996, and we have paid more and more attention to the right protection of litigation participants. It also has become an issue concerned by legal personnel on how to ensure active litigation participation in the criminal litigation in an effective way. In the author's opinion, if we intend to ensure litigation rights of litigation participants, it is the key factor that we should ensure that litigation participants learn the contents concerning the lawsuit and how to perform litigation rights without delay. It is the basis and premise of performing litigation rights of litigation participants. At present, it is difficult to achieve and ensure the litigation rights of litigation participants in case of lack of help of state organs, because most of litigation participants have lower education level, and they are short of knowledge of law and regulation. Thus the possibility of performing litigation participants' litigation rights of the proceedings and fulfilling their obligations of the proceedings in an active way will benefit from the reconstruction of inform procedure of criminal litigation and clear regulation of obligations of state organs. However, there are quite a few problems in China's current inform procedure of criminal proceedings. The current inform system is far from being optimistic with plenty of inform procedure being distorted or neglected in practice. Meanwhile, the current inform system has major problems in terms of inform targets, inform contents and securing systems and rules. In this thesis, the author intends to build a scientific and reasonable inform procedure by analyzing the legislative defects in the hope of making inform procedure function in an effective way by comparing and using for reference. This paper is divided into five parts. The first part is a general introduction of the inform procedure of criminal proceedings. In this part, the author compares inform with its related systems such as explanation and notice and analyzes the basic meaning, legal components and kinds of the inform procedure. The second part is about establishing the theoretical basis of the inform procedure of criminal proceedings. The author demonstrates the significance and necessity of the inform procedure of criminal proceedings from three perspectives such as litigation care obligations, the protection of human rights and equality between the plaintiff and the defendant. The third part is a research about the inform procedure of criminal proceedings in other countries and regions. The author conducts legislative investigation on systems in other countries and regions, including the Common Law and the Civil Law, from which conclusive enlightenments will be extracted for legislative reference of the inform procedure in our country. The fourth part is about the status and defects analyses of the criminal inform procedure in our country. This part analyzes the legislative and practical defects of the criminal inform procedure from the status of China. The fifth part is about ideas how we perfect the criminal inform procedure in China. The author proposes ideas on the specific building of the criminal inform procedure in China from establishment as the basic system of China's Criminal Procedural Law and construction of the different stages of criminal proceedings against the inform targets, and claims that procedural sanction system should be built up to guarantee the effective functioning of this system and display the action of the system in the country.