Comfortable With The Self: The Purpose Of The Criminal Proceedings

Teleology of criminal procedure can be classified into three categories: theory of nature, theory of outcome and theory of means. Theory of nature which includes crime mode and due process mode illustrates what kind of idea the criminal procedure should have based on the intense relationship between an individual and his nation. The theory of outcome which includes the family mode and double-end theory emphasizes the ideology of a subject on the outcome of the criminal procedure based on the ideal mode of the criminal procedure; The theory of means which is represented as substantialism, theory of due process and theory of dispelling conflicts regards the criminal procedure as a means to realize the criminal law. Those three theories can be divided into theory of contradictory purposes of the criminal procedure and theory of equal stress on purposes of the criminal procedure in terms of the detailed purposes of the criminal procedure. As far as departmental idea of the criminal procedure is concerned, those three theories can be divided into national departmentalism, selfish departmentalism and social departmentalism. Those three theories are not convincing respectively, also with the common defect of instrumentalism, idealism and rationalism. Teleology has four features as subject, subjectivity, objectivity and creativity. Teleology of criminal should also have those four features. Therefore, the purpose of the criminal procedure is a unity of purpose-in-itself and purpose-for-itself. Purpose-in-itself of the criminal procedure is to realize the order of rule by law through the authoritative adjudication. Purpose-for-itself of the criminal procedure is to establish the order of rule by law by creating order. The realization of purpose of the criminal procedure depends on the perfection of structure of criminal procedure, especially the structure of pre-trial procedure and perfection of legislative skill and judges' skill for interpreting laws.