Reversible Procedure Of The Criminal Proceedings

Criminal procedure, which takes time as a clue, is the general name of a series of links and steps formed by behaviors and lawsuit documents between the litigants. Criminal procedures, for a time sequence, fall into two categories, the Smooth Operation Procedure and the Reverse Operation Procedure. The Criminal Reversible Procedure, defined in the view of time sequence on the basis of the Criminal Procedural Law in China, is a special circumstance of procedure reverse in lawsuit, during which the emergence of statutory conditions, including procedural flaws, unclear fact and lack of evidence reduces the previous finished procedures invalid.The Criminal Reversible Procedure, which performs as procedure reverse in stages for prosecution, trial and implementation, consists of procedures such as remanding a case for supplementary investigation, remanding a case for retrial in second instance or in review of death sentences and revising a judgment. Though the contents in such stages are miscellaneous, they are all of great significance for substantial justice and procedure improvement. Regrettably, none of scholars has ever done any research on criminal procedures with time as the latitude in China. Therefore, with the reference to the concept of classical thermodynamics, the writer makes an attempt to create a new method to do research on criminals procedures. The writer puts forward suggestions to find a proper way to cover the defects in the legislation of criminal procedures in China, focusing on therationality of procedures themselves, comparing criminal procedures and legislation abroad, and summing up features, effects and defects of the Criminal Reversible Procedure.The thesis consists of four parts. In Part 1, the summary of the Criminal Reversible Procedure. The writer introduces its concept, features and theoretical foundation, points out that the Criminal Reversible Procedure is the one that is created so as to reverse and repeat procedures that has already been finished in consideration of some reasons in operation, breaking the unidirectionality of time. It has the features of broad subjects involved, implementation conditions specified, effects specified and so on. For the theoretic basis of the Criminal Reversible Procedure, the writer mainly introduces its conceptual origin and rationality.In Part 2, the analysis of the current situation of the Criminal Reversible Procedure in China. The writer introduces its statutory types and problems appearing in practice. Analyzed the provision involved with the procedures of remanding a case for supplementary investigation, remanding a case for retrial in second instance or in review of death sentences, trial supervision and revising a judgment, the Writer introduces the reversibility of these procedures. The writer has made detailed discussion for the problems of statutory types appearing in practice.In Part 3, the introduction of the Criminal Reversible Procedure abroad. The writer reviews the criminal procedures of different stages in other countries, draws on the advanced experiences in other countries, and works for the enlightenment for us.In Part 4, the preliminary vision of the construction of the Criminal Reversible Procedure in China. In this part, firstly, the writer puts forward the principles for improvement of the Criminal Reversible Procedure——caution principle, scientific design principle and the principle ensuring the legal rights of involved party. Secondly, the writer suggests that the procedure should deal with two problems. The one is to handle the relations between the procedure and the adjudged force. The other is to deal well with the relations between the criminal prosecution and the investigation. Finally, based on the advantages of the Criminal Reversible Procedure abroad, referred to suggestions for the revised versions of the Criminal Procedural Law in China, the writer presents better solutions to improve criminal procedures in China.