On The Introduction Of The Theory Of Right Of Action In China 's Criminal Proceedings

This paper comes from the author’s constant thinking of how to protect the weakly accused effectively under the immensely powerful public power. Throughout the history, where have gathered, there are disputes, and there are the way to resolve it. Initially, the way is self-remedy, and evolved to public remedy because of the formation of the state. It is a process from barbarism to civilization and that is important in the development of human civilization. It highlights the development and progress of society. However, due to the expansion of public power, every behavioral host may become the "kafka". The "kafka" state means that the behavioral host is in a manipulated, complex, and illusion situation. The accused in this situation may lose human dignity, health and even life because of the pressure of public power. Therefore, the immortal problems existing in the criminal procedure should be kept thinking carefully and seriously. And so, how can we truly regulate the exercise of public power? How can we get the best of criminal procedure law as mini-constitution? At first glance, these questions seems to be clueless. The author boldly used the litigation right theory to analyze these problems in this paper. And as the result, it shows that the complicated problems are superficial actually. It is not enough to just set up a few law regulations or create a system to understand and resolve these problems, but also lies in the way of thinking be expanded in criminal procedure law. Importing of criminal litigation theory contribute to the understanding of these problems and the solution of the related issues in criminal proceedings. Litigation right theory is the basic theory of litigation theory, and criminal litigation right theory should be a basic theory of criminal litigation theory. And then, the theory of criminal litigation right should be the component of the criminal basic theory frame with the aim theory of criminal proceedings、the behavior theory of criminal litigation and the object theory of criminal litigation. They play an important role to the guide of the action of the criminal legislation and criminal justice. In China, the research on the theory of criminal litigation started early, but scholars have not played more attention until the1990s. It is a pity that the theory has been developing slowly, and it seems to have been forgotten by the academic. Through the introduction and analysis, intention of the paper is to demonstrate the feasibility and necessity on the import of criminal litigation right theory in the criminal procedure. Although the thought and language may be not mature, author still expect to expand the research scope on the theory of criminal litigation.This paper is divided into four chapters. The content of the first chapter is the formation of criminal proceedings. The first article starts with the introduction of litigation right. Its main content is the formation of the concept and a brief review on the historical theory of the litigation right. In addition, a brief discussion on the development of the latest theory of the litigation right is made. The second chapter is key the point of this paper. It begins with the discussion of criminal litigation in different space-time theory and the concept, then discusses the theoretical basis of the criminal litigation and the feasibility of criminal litigation right importing, as well as the theory obstacles encountered in this paper. On the basis of the points mentioned above, The third chapter define the characteristics of criminal litigation right and its forms, exercise and functions also was discussed in detail. At the end, this paper make further analysis of the development of the criminal litigation right and discuss the reflection of the criminal litigation right in china summary procedure combined with the current criminal procedure law.