Research On Criminal Challenge System

The criminal challenge system , which has been treated as the first line of defense for the judicial justice, originates from the ancient Rome. It requires people or agents who have interests or other relations that many influence the justice of the case not to be engaged in the criminal procedure.To consummate the criminal challenge system can in favor of achieving the justice of criminal procedure, achieve the justice of the criminal procedure, to increase of efficiency of the criminal procedure, to set up the authority of the judicatory and to advance to quality of the judicatory tipstaffs.Generally a criminal challenge system is formed by challenge subjects, reasons for challenge, challenge initiation, challenge decision, relieving and law responsibility. With the development of research, the citizen's procedural consciousness enhancement of people take more attention on the legal value and the social value of the criminal challenge system. At present , the criminal challenge system did not elaborate their own function, the reasons are various, it is considering from the social factor is the effection of the Chinese traditional culture -----rule of men is important than rule of law, it is also related to the legal conception of substantive law is important than adjective law. And the deficiency of the tipstaff, the dim legal consciousness of the litigant, and so on. But more important is the legislative design of this system is careless, lack of operant, it needs to ameliorate and perfect. The criminal challenge system in china doesn't function desirably for both conceptual reasons and operational reasons. In fact, the key problem lying in the lack of a perfect legislated system. On the background of the modification of the Criminal Law, how to take positive consideration to perfect this system, it can promote the function of this system to justice of the judicature and the harmonious social construction, it has singnificance theory and practice in our democracy and legislative construction.The criminal challenge system is not only perfect in the judgement period, but also throughout the whole process of actions penal. So in the period of spy. The period of impend and the period of implement can also to set up the challenge system; to perfect individual suit participator's challenge system, at the same time to set up the suit organize, department's challenge system. Combine with the voluntary challenge system of Anglo-American Legal System. To establish which fit the situation of our country's voluntary challenge system.