Criminal Procedure Law Mode Of Evolution

Criminal Procedural Model refers to the position of the judge, prosecutor and defendant in criminal procedure, the relation among them and its manifestation. Chinese Criminal Procedural Model has generally experienced four stages —ancient Inquisitorial Model, nominal Inquisitorial Model, sup— inquisitorial Model and composite pattern with sup— inquisitorial Model as the keynote.The purpose of studying the forming and evolution of Chinese Criminal procedural Model is to provide beneficial reference and enlightenment for the transfer of the model.This paper is divided into five parts. The first part is concerned with the forming of the ancient Inquisitorial Model and studying the prototype of Chinese Inquisitorial Model focused on Tang Law, In the second part, the author analyses the background of the transfer of the Inquisitorial Model and studys the transfer of Criminal pattern at the end of Qing Dynasty and the cause of the transfer . In the third part the author elaborates the forming of sup—inquisitorial Model and analyses its prototype— Criminal Procedure Law after 1979. the fourth part focuses on composite pattern with sup—inquisitorial Model as the keynote, the pattern of Modified Criminal Procedure Law. The last section discusses the necessity and feasibility of the transfer of Chinese Criminal procedural Model as well as the choice of the model . Finally the paper proposes some suggestions about the modification of Chinese Criminal Procedure Law.In addition to the above main Parts, this paper includes the introduction and conclusion , which mainly show the significance of studying the evolution of Chinese Criminal Procedural Model and enlightenment of establishing the model in force .