China's Criminal Procedure Reform Study

"With simple case shunt complicated case" mainstream trend is the big background of the reform in our criminal procedure. And, Justice and efficiency is the core value. However, there are many diseases in China's current criminal procedure, whose reason is that design of the program is not scientific. For realizing the value of criminal procedure, systemic reform of the criminal procedure is imperative, whose center is scientific construction of legitimate ordinary procedure.Legitimate ordinary procedure is the specific steps and methods that a trial judge shall follow in a specific criminal case. It is the particular trial procedure that is composed of a series of scientific procedure rules. Meanwhile, constructing legitimate ordinary procedure is the basic appeal of justice trial, implement control umpire separation and safeguard human rights and justifiable to realize national penalty power.Legitimate ordinary procedure has certain scope, fist litigation procedure and specific specific procedures. Five kinds of specific types of cases is its scope, evidence exhibiting procedures and raised program are its fist litigation procedures, the prosecution review procedures, court preparation procedures, court proceedings and the referee program are its specific procedures content. Meanwhile, ordinary procedure is a ring in the whole criminal proceedings that has smooth transformation mechanism with the summary procedure consisting of simple procedure and brief procedures and the accused and the defendant consultation program.Constructing legitimate ordinary procedure requests inevitably the reforms on judicial system level, principles of criminal procedure, and other pertinent criminal procedure system. Modifing the relevant clause judicial system, increasing presumption of innocence and against forced to incriminate himself principle, abolishing the clause "three authority, mutual coordination, division of responsibilities and restraining each other" , strengthening anairport, perfecting proof rules, are imminent.Constructing legitimate ordinary procedure is the center of reform in the current criminal procedure. It would lead the construction of our criminal procedure, promote scientific of our criminal procedure.