Unspoken Rules Of Criminal Proceedings

The socialist market economy is an economy under the rule of law. And one of the basic principle in China is the governing of the nation in accordance with the law, which requires lawyer to comply to the existent law and statute in the process of judicature. In possession of the tradition of the statute law in China, the lawyer frequently feel ability not equal to their ambition in the process because of some limitation of law, and they have difficult on reacting on the varieties and changing world. At this time, a lot of latent judicial rule throw them into the breach. The judicial latent rule can't be replaced by other statute for dying out the great gap between the prescription of criminal procedure law of our country and the judicial reality. But the criminal procedure law is the best important and severest law relating to guarantee the human rights. Even if the judicial latent rule has much malpractice, e.g. destroying the jurisdiction authority, receding the judicial efficiency, bringing the judicatory corruption, etc, it is a indispensability part in the judicial reality. The phenomenon that its existing strikes the system of the governing of the nation in accordance with the law has or had no sufficient attention. Therefore, it is necessary for us to analyze their characteristics, sources and nature, and evaluate their values in order to rationally reform these judicial phenomena.The first part of the article summarizes the judicial latent rule. The part says that it exists around our studying, work and life and there is a different representation in a different field. The judicial latent rule in the criminal procedure is a sort of regulation and process that law has no had involved but being used by police, law officer and judge, and it possesses the meaning of the direction in the criminal procedure. It has cover-up, diversity and validity character. It is brought by the inner and outer elements of the system of the criminal procedure.The secondary part of the article analyses its benefit and harm. The author deems it is wrong if you optionally evaluate a sort of system. A sort of system should be evaluated under the circumstances of thinking of its history, culture, the...