On Necessity And Feasibility Of Establishing Peremptory Challenge In The Criminal Procedural Law

The right to challenge is crucial during the criminal procedure, it grants the defendant the rights to select and control the criminal procedure. Another function of the challenge system is to prevent judicial officers from the conflict of interest and ensure the justice of criminal procedure and verdict. It's a pity that to some extent the present challenge system in our country exists in name only. The main reason for this dilemma is due to the reality that present challenge system stipulates challenge for cause only and the absence of corresponding implementation regulations. The practice of peremptory challenge in other counties shows that it can protect the litigants' procedural rights and safeguard the justice of procedure. To change the status quo of the ruling challenge system, this paper argues that it's feasible to establish the peremptory challenge in China's criminal procedural law.This paper aims to introduce the peremptory challenge, study the coherence between it and Chinese judicial system, analysis the necessity and feasibility of its establishment. This paper is mainly consisted of four parts.Chapter one introduces the basic ideas of the peremptory challenge, its practice in some foreign countries and the controversy of this system.In chapter two, this paper generally reviews and studies the defects of present challenge system. Chapter three analyzes the necessity of establishing peremptory challenge, as well as its institutional and social values.Chapter four focuses on analyzing the feasibility of establishing the peremptory challenge and the affecting factors, such as: the obstacles, countermeasures to overcome these obstacles. At the end of chapter four this paper also proposes the detailed establishment of Chinese peremptory challenge system.This paper argues the necessity of establishing the peremptory challenge from the point of oughtness and analyzes the feasibility from the view of practice. This paper comes to the conclusion that it is necessary and feasible to establish the peremptory challenge in China. With the establishment of the peremptory challenge, the litigants will enjoy a wider range of procedural rights, the criminal procedure and verdict will be more justify.