On The Balance Of The Interests Of The Criminal Proceedings

The main content of this thesis is about all kinds of interest conflicts arising in the judicial practice of criminal proceedings and ways to solve and balance these conflicts and arguments. This article is divided into four chapters ranging from basic theory to the principle of philosophy of law and ending with analysis and balance to all kinds of interest conflicts in the criminal procedure according to the practice in China. The first chapter discusses about the basic theory and category of the interest conflict and balance in the criminal procedure; the second chapter discusses about the base and the basic guild principle for the philosophy of law; the third chapter discusses about the reflection of the interest balance in the criminal procedure in our country and modern main developed countries; the fourth chapter discusses about suggestions to the judicial reform in the interest conflicts and balance in the criminal proceedings of our country. The basic content of every chapter is as following:The first chapter summarizes the main categories of the interest conflicts involved in the course of criminal proceedings. The concentrative reflection of these contradictions and conflicts are: interest conflicts like justice and efficiency within the value aspect of criminal proceedings as well as freedom and system; interest conflicts like legislation and criminal judicial, judicial administration in other aspects as well as the conflicts among adjudication grade systems, three organs of the public security, the procuracy and the court in the aspect of design of criminal proceedings system. To be exactly, specific systems and procedures are the base for solving the balance problem between fairness and efficiency; the enforcement of legal concept is the base for securing freedom and maintaining orders; legal procedures are the most effective system to balance the interests between the power of the country and rights of the individuals; only the power balance can coordinate the interest conflicts of all sides; and the way of people oriented is the final way to solve all kinds of interest conflicts in the criminal proceedings.The second chapter told us the base of philosophy of law which guild us to solve the interest conflicts in the criminal proceedings to reach balance. They are: individual oriented, rationalist and the theory of the division of powers and the balance system. And the individual oriented really secures the rights of the accused and promotes the final trust paid by the general public to the law, which makes people can participate into the criminal proceedings in the way of freedom and self-leading confidently. Rationalist reflects as criminal procedure pattern in the development course of interest balance of criminal proceedings and the criminal proceedings promote progress and civilization rationally of the criminal proceeding in the constant development course. And the division of powers and the balance system could enhance the antagonism and equality between the parties and state organs to provide enough space and time for the parties to defend for their own interests and reach interest balance in the criminal proceedings by the way of power restrained by right.The third chapter discusses about the system foundation for the interest balance of criminal proceedings to exist and develop. The balance situations of the criminal proceedings by the setting of the court system, pretrial review system and defence-prosecution in the representative countries of the criminal laws of continental law system and anglo-American law system are listed in this chapter; the actuality and origin of the severe interest conflicts in our criminal justice at present—the defects in the justice concepts and systems, traditional state oriented and politics oriented concept, are analyzed comparing with the situation listed above. To be exactly, there is no fairness between the state which represents the overall interests and individual which represents individual interests according to the traditional concepts. It unveils the inevitability of the fairness between the prosecuting party and defending party, which is the condition for realization of fairness between the prosecuting party and defending party; the fairness between the state which represents the overall interests and individual which represents individual interests can not be realized in the display aspect. It put forward the possibility in the fairness between the prosecuting party and defending party, which is base for the realization of fairness between the the prosecuting party and defending party.The fourth chapter puts forward the suggestions to our country in handling the interest conflicts in the criminal proceedings, which includes the basic principles which should be complied with and the structure of the specific systems. The basicprinciples can be divided as public principles-----principle of Innocent presumption,principle of non bis in idem, defend principle and politics principles------inspectionand supervision principle; structure of the system refers to the specific justice suggestions guided by the socialist democratic politics and the scientific outlook on development, which includes the censor procedures before the court and judicial procedures. All in all, interest balance in the criminal proceedings should be reached by the further perfected judicial suggestions of the censor procedures before the court and judicial procedures.