Procedural System Of Defense

Procedure vindication is one form of crime litigation procedure, it is another conception opposite against substantial litigation. Procedure vindication has two distinctions concerning broad sense and narrow sense. The procedure of broad sense vindication refers generally to all crime litigation procedure as the basis of vindicate activity, while the procedure of narrow sense vindication that researched aims exclusively at procedure illegal behavior of spying department, investigation department and adjudgment department. The system of procedure vindication not only accord with the general rule of procedure justice, presumption of innocence, accusing and debating balance, compared with entity vindicattion, procedure vindication with the form of agressive have incomparable superiority at judicatory fair, human rights guarantee, keeping the illegal action concerning government agency within limit, repress the false and wrong case etc, which has the deep meaning for accused person, committed crime suspecttion person of the legal rightses protecttion. This is root what we should suggest to establish the procedure vindication. According to the present situation of our country, it could be found that vindication system to the procedure, regardless of a lawmaking or a judicatory, is regarded fall behind of situation. For the reason of people's litigation idea being later and controless to arguement, such disequalibrium and kit system imperfection cause our country procedure vindication system really face the heavy bar. The writer commences the vindication system from the procedure of conception, related basic theories and litigation value to analyze the content of procedure vindication, also to present the idea of improvement related to procedure vindication system. Our country should not only to reform the judicial system, but also to establish the measurement of procedure sanctions upon before and after adjudgment, further to strengthen the sanction concerning procedure illegal action, add the mode of procedure sanctions. Only improve the related law system, could bring the procedure justification into best play.