Determined The Basic Legal Principles Of Criminal Procedure

It is not yet decided whether the proposition of basic legal principles in criminal justice is true or not, and if the proposition was, then how should we define its contents and outreach. This article comprises three parts. I argue the proposition of basic legal principles is true, define the basic legal principles of criminal justice connotation and elucidate its system.Chapter I first points out the proposition of basic legal principles is true, against suspected views, by demonstration of the existence of hierarchical phenomenon of legal principles in criminal justice .The proof are the legal principles underlie the "best of order", which determine its hierarchical logic potential, the multiple sources of legal principles laid its hierarchical form, and modern powers run in the conflict and balance of multiple objectives, which need refined knowledge to support. As for the position of basic legal principles in the hierarchy, there are two basic classification theories. One divides the hierarchy into two grades; the other divides the hierarchy into three grades. However, they have problems in the classification logic. In my view, criminal proceedings is constitutional, and the constitutional principle should prevail over the general principles of law with the validity, so we can identify basic legal principles of criminal proceedings as constitutional principles in criminal justice.Chapter II defines the basic legal principles connotations. Basic legal principles must be defined from legal cornerstone areas -- rights and powers. Rights and powers exist tectonic phenomena, which refer to the ordinary rights and human rights, ordinary powers and constitutional powers. Criminal procedure rights and powers are no exception. Thus, on the basis of tectonic phenomena of rights and powers, basic legal principles of criminal proceedings is general guidelines on constitutional civil rights of criminal defendants and constitutional powers of state organs in criminal Procedure.Chapter III is the system of basic legal principles. The system of basic principles can be seen from the perspective of positive law or theoretical analysis. The fonner has advantage of cognition of the practical state, and the latter has advantage of cognition of the defect and the approach to improve. Because the main countries ruled by modern law have develop mature...