On The Nature Of Criminal Procedure Of The United States Constitution And Its Reference

Criminal procedure law is the legal department that stipulates how the country does exercise the penalty power. In order to investigate the crime successfully, the state power will possibly extend to individual freedom right space directly. At this time, the state power inevitably has knock-on collision with the individual right. Therefore in all legal procedures, the resistance in criminal prosecution is most intense. The penal procedure movement's result relates the freedom even life. Simultaneously the criminal procedure is very special. On one hand it is taken as the ultimate method to safeguard social order, and on the other hand it is also the last chance for one to guard him and to be independent completely from the society. Meanwhile the central task of constitution is to protect the human right and to limit the authority, in the protection of human right aspect, law of criminal procedure and the constitution have the same legislative goal, so they have natural connection. The major characteristic of US criminal justice system is to directly raise the lawsuit behavior which involves some citizen human rights and freedom to the constitution altitude. It provides the constitution safeguard for citizen's criminal prosecution right. The US has huge and complex criminal justice law assembly which originates from the constitution explanation. Therefore, it is necessary to make a comprehensive and detailed elaboration regarding the US criminal prosecution's constitution nature. And it has some reference significance for our country in the aspect of some basic criminal prosecution principles entering the constitution.The US constitution nature of criminal prosecution's formation has its unique historical perspective and the development condition. At the colony time, American people were deeply influenced by the British natural law and they believe "natural rights". After the independent revolution, the trail blazers of America establish the new government according to the Montesquieu social contract viewpoint and implement the decentralization the political system rule. Britain's legal supreme idea displays in US for that the constitution is supreme. The constitution in the US is "high-level law". The federal constitution stipulates the criminal prosecution system exhaustively in its text which enables its criminal procedure law to have the supreme legal origin. The decentralization political system, the case-law tradition as well as the developed constitution relief system play certain role for development of the US constitution nature of criminal prosecution. The US criminal prosecution's constitution nature mainly displays in two aspects: first, its constitution text has much criminal prosecution basic right stipulation, for instance the "Right Bill" has reaches 12 items about the criminal prosecution basic right stipulation; Second, the 5th and the 14th amendments of the federal constitution both stipulate the due process of law. They have intrinsic difference and relation. Other related criminal prosecution's stipulation is also contained in the federal constitution, such as court system, jurisdiction system. In addition, the victim right which is attached importance to enter the constitution is also only the time question. At the same time, the US law of criminal procedure is also facing new questions in the constitution domain, such as related rule facing new challenge, high tech method influence, and national race question and so on.With the trend that many countries join "Universal Declaration of Human Rights", "Rights of citizens And Political rights International convention" and other international pledges, the constitutionalization of the criminal procedure has become one international tendency. Comparatively, our country has not a small disparity. Many criminal prosecution rights which belong to the fundamental human rights category as well as the due process of criminal law are not obtained in the constitution. As a result, they lack the constitution origin and are inclined to encounter infringement. Our national condition is different with the US, for instance in the political system, the legal tradition and the constitution relief aspects there are very big differences. Therefore, besides referring to the US experiences, we should at the same time act according to our national condition and in the end inquire a way of the constitutionalization of the criminal procedure that suits our country's condition.