Comprartive Research About Democratic Procedures In Criminal Procedure

In this article, the Criminal Procedure should be beneath the democracy, which makes the structure of Criminal Procedure transform from triangular in structure into pyramid which is based on the triangular in structure. The Criminal Procedure of triangular in structure means the equality of criminal litigation, but it is just the plane model, and the pyramid is the three -imensional model of Criminal Procedure which is much better than the former.Then this article focus on the rationality of the opinion at the point of jurisprudence as follow, as the time I talk about democracy and power should be restricted by right, I put forward that Criminal Procedure should be democratized, begins with two questions: one is why the democratic procedures in Criminal Procedure should be strengthen; The other is that if the people take part in Criminal Procedure as a indispensable part is essential, then whether it is suitable. When I answer the first question, I make sure that the supervision to power is essential, then there inner supervision and outer supervision by the way. In the time people think freedom is so important that there must have more procedure to limit power. In this respect the most powerful argument is Rousseau's "Social Contract". The idea of social contract becomes the foundation of the rationality of Criminal Procedure of pyramid in structure. When I answer the second question, I realize the importance of cooperation between people and the criminal procedure system, and take the representation as the criterion of qualification to join the democratic procedure, and make this criterion more particular by the way that the one who take part in the procedure own the basic opinion about justice.As follow ,that is about the overseas democratic procedure in criminal litigation divided into three phases,which consist of stage of investigation, stage of prosecution and stage of judgement. Basically,the article of this part gose on in two way, one is Crime Control Model, the other is Due Process Model.Generally speaking,the common law countries common law countries tends to Due Process Model and the civil law countries tends to Crime Control Model. First of all, in the investigation stage, at that stage of, the democratic procedure in criminal litigation is rather exiguous. So I analyze the reason by compare Crime Control Model with Due Process Model. Nevertheless, countries still try to increase the amount of democratic procedure in criminal litigation; Second, at the stage of procecution, the democratic procedure is more developed, take the quasi-prosecution system of Japan and the grand jury System in United States for example;Next at the stage of judgement in various countries as well as the specific legal environment changes, mainly from the qualifications and selection of jurors, the jury group Into voting, jury duty and the right to treatment, and other areas;in crime control mode,I introduce the applicable Senate trial of Civil Law countries, and the difference between applicable Senate trial and the jury system, as well as the reasons;In the end of this part, I introduce the very characteristics of democratic Program in different countries, I make this part independent because these procedures often have always run through litigation, or do not have the basic structure of litigation, but for the democratization process is of great significance. These procedures mainly consist of living broadcast in the trial, the system of spokesman, parliamentary ombudsman system.Finally, the article comment on China's democratic process , including the people's jury system,the supervisor system of the people , the supervisor of representation and the Trail Live. On this base, I have a specific analysis of the relevant system in different countries as well as the strongpoint should be considered. Based on the specific conditions of China, have a relatively reasonable proposal for the construction of the relevent legal system. The reason I think much of the jury and the supervisor system of the people is the two are close to the structure of pyramid, and they are representative.