| Criminal avoidance system is an important component in criminal proceedings, which runs through the entire criminal activities, and currently the world has generally established this system. It not only can achieve fair and impartial proceedings, but also can achieve solid results fair. Western saying goes:" Justice should not only come true, but must be seen in the way. " Our trial mode is as the center of the jurisdiction, paying more attention to the real results of justice, therefore, in some cases the trial process always ignores the procedural justice, but since ancient times "it" is recognized and praised by people. The criminal unit avoidance system is a system which involves the judiciary to avoid in criminal proceedings. The scope of the criminal avoidance system includes both individual avoidance and unit avoidance, so we can realize a comprehensive fairness of justice.The United States is a relatively perfect state on criminal avoidance system in common law system. When it realizes substantive justice, it constantly pursues the procedure justice. The content of their criminal avoidance system is relatively well, although the unit avoidance system is not provided, and this is determined by its national conditions and modes of trial. Germany is one of the representative countries of continental law system, and its subject, the ground, the way, and finally the avoidance procedure of criminal avoidance system are quite strict and perfect, and it also provides the court avoidance, although the content is not perfect. China is one of the earliest implementation of the criminal avoidance system, this system originated from the Spring and Autumn Period, matured in Tang Dynasty, and in the Yuan Dynasty it has appeared "avoidance" this term first. However, our criminal avoidance system is not perfect, and the most important thing is not established the units avoidance system, resulting in some cases of injustice in social life, and impacting legal authority. This article, through the compare with the criminal avoidance system among China, America and German, finds out the inadequacy of the applicable object, grounds for disqualification, ways and avoidance procedure in our country's criminal avoidance. Then the author puts forward the construction of the unit avoidance system, removing lawyer avoidance system and improving the application for withdrawal, and hopes it can perfect our country's criminal avoidance system, so we can assure that realization of our procedure and substantive justice. |
