Study On The Governance In Criminal Procedures

"Procedure is the heart of the law". Due to the rough legislative technique, severe social change and other factors, Criminal Procedure updates lag, the imbalance between state power and civil rights, leading to procedure failure. Procedure failure is the criminal procedure due to itself causes activity in the criminal justice can not be effective and fair settlement of criminal disputes. The emergence of modern governance theory and governance theory into the criminal justice shows, the procedure need to be governance.The governance in criminal procedures is the participation of stakeholders, under the Criminal Procedure and its system of macro-environment on the comb, optimization, and makes the process orderly and reasonable dynamic process. The governance of criminal proceeding's value are co-ordination, openness and Purposiveness. Co-ordination means state power and civil rights co-ordination, openness refers to the processes involved in human subjectivity and participatory; Purposiveness refers to the result of criminal procedure to comply with the minimum of social resources to solve the dispute utilitarian purposes.Criminal Procedure governance is the scope and level of governance practices on two dimensions. Areas of governance, including the configuration of the right of criminal justice, the configuration of criminal justice organizations, to protect the interests of people in litigation and the unified of the criminal justice procedure's stability and relief four aspects. The levels of governance are the norms of procedure and environment of procedures.The China's governance in Criminal Procedure is to establish procedures for governance in practice can be divided into governance philosophy, clear governance and enrich the main means of three aspects of governance. Procedure governance concept is beneficial to participants in the proceedings principle; the governance subjects for the state, civil and social composition of the multi-agent; the measures of governance are set up governance procedures:the self-determination procedure and the incentive procedure. Self-determination procedures refers to criminal proceedings, the criminal prosecution of victims of criminal disputes, and dispute resolution procedures for autonomous decision-making power; Incentive procedures is a criminal dispute, the prosecution of those who were willing to take the initiative to plead guilty and accept punishment when they should be mitigating procedures.