Study On Criminal Procedure Reform In The Perspective Of Modern Education

Socialist harmonious society is a democratic rule of law, equity and justice, honesty and fraternity, vigor, stability and order, harmonious relationship between man and nature of society.Democratic rule of law is one of the basic characteristics of harmonious society. The rule of law, is also an important aspect of the indispensable of the harmonious society. Harmonious society is both legal society rather than human society only, the existence of rule of law as the premise, and the construction of harmonious society needs a harmonious legal and the rule of law. Only in this way, the construction of a harmonious society to have the solid foundation and a powerful guarantee. Similarly, to establish a kind of everything for people, all people-centered harmony with the criminal justice system is the humane spirit of human society. But, at present our country still is in a social transition, the economic, political and so on various aspects in the occurrence of a sharp change, contradictions of existence and crime phenomenon, although these produce inevitable conflicts and crime from nature watching is still the contradictions among the people. Since the existence of contradiction and crime and inevitable that we must make mistakes people to temporarily education and reform, and make them realize their mistakes, so that no crime. Already happened in crime, should embrace cheng qian bi hou, salving patients thought, to punish offenders from helps prevent criminal shall be again, and the social unstable molecules play deterrent effect as the starting point and the foothold.According to the nature of contradictions among the people in the crime belong to, should adopt what kind of punishment view to guide the judicial work in practice, as a punishment worthy of discussion. Punishment view, historical evolution perspective from the discussion, human society experiencing life punishment, mainly from the era, transition abrogation or resumption mainly to freedom penalty later and development time, into non-confinement penalty, light-crucifixion and community, and to serve etc trend of current education punishment punishment view. Education punishment punishment:traditional and modern view of education punishment. Modern education punishment of punishment, admit punishment view at the same time, they will be punitive compulsory education and the punishment reflect transformation is united in wedlock, it is the perfect of traditional education punishment. Our criminal procedure, there exist many human rights violations of suspects and defendants, and these illegal the phenomenon of prevention punishment phenomenon is a punishment view and traditional criminal punishment idea what punishment under the guidance of cannot completely solve problems of modern education, which makes establish penalty to protect human rights, criminal punishment idea become necessary.In order to thoroughly solve the current our country's criminal procedure and torture, existing problems such as detentions, implement custody of modern education punishment of human nature, must intensify judicial philosophy in the current reform of criminal investigation centralism, the structure of the program with international criminal judicial practice, introducing the parties in judgment, and gradually establish socialist center for criminal judicial procedure structure. In order to judge centralism based on the specific criminal procedure, construct and perfect the education punishment with modern view of point, the punishment of each stage in criminal lawsuit, relevant public security and judicial personnel from the start, embraced the psychological education criminal education thought implementation, criminal litigation, respect each stage, which reflect the criminal litigation matches the humanistic care. Guided by modern education punishment, China should establish or improve the system:establishment of the criminal suspects and defendants to silence; Enlarge investigation phase right legal aid lawyer; Establish criminal reconciliation system; Litigation mode; Realize the humanism, and the judge judge independent thinking; Perfect serving community correction; Established in prison personnel progressive place system; Improve the prison staff in jail in humane treatment; Establish the criminal personnel training before from jail offenders system to ensure that their release after can smoothly to return the society.The construction of socialist harmonious society and the establishment of the concept of and punishment of criminal procedure transformation is unified, the objective is to promote the harmonious and stable social order. Along with the criminal procedure and the gradual solution improper question in a series of system, the establishment and perfection of human rights is respected and protected, criminal integration will establish, real legal society will achieve.