The Amendment Of Criminal Procedural Law Review Of Constitutional Jurisprudence

Current legal system in china, in accordance with the law to govern the country,walk in the front of should be the constitution. If the power of the executive didn’t getthe constitution authorized, will make other law enforcement without a constitutionalbasis and conception. This means that the ongoing the amendment of criminalprocedural law of such as not the support of the constitution, not only the criminaljustice may be no root tree, the whole law environment will be destroyed. The author tothe amendment of criminal procedural law as an opportunity, combined the national andforeign the constitution, criminal procedure law of the history relationship and presentsituation. We hope that in the revision process of the criminal procedure law to dofurther research, and how to embody and practice the constitution value system andfunction, promote to build socialism with chinese characteristics of constitutional lawsystem. Not only human rights in criminal procedure law be specific, also need to makepower regulation and security problems receive from the strong support of theconstitution, and that all the rights prescribed in the constitution really become realisticinterests in criminal procedure.The author thinks that the amendment to the other laws must comply with theconstitution, in the range of the constitution to amendment to the criminal litigation law.It shall be with the constitution as the amendment to the basic core, what is the criminalprocedure law need to be revised, what is the revision process of great debate, and theseproblems have what kind of relationship with the constitution, how to get the view fromthe interpretation of the constitution and the problems facing constitution factors, wecan not be avoided. The constitution and criminal procedure law has a natural closelyand let the amendment to the criminal procedure law under the guidance of the conceptand the principle of the constitution. It not only ensure the constitutional, but alsoensure that its rationality, this makes the revision to more scientific and more reasonablemeet demand in the judicial practice, constitutional scholars also should be involved in.The criminal procedure law is always considered "small constitution", it makes a lot ofcriminal procedure law problem must rise to the constitution level to discuss, for it isonly in the framework of the constitution allows, the amendment to the criminalprocedure law are the actual significance. The analysis study is not to get some simpleconstitutional conclusion, but from the point of the constitution and constitutional government, with rational constructive view put forward some reasonable expectations.The goal is not only to the development of the current constitution, also is to let theamendment to the criminal procedure law have more scientific and more rational, andfor the whole law process will play a role in promoting, let the basic rights and nationalpower effectively run and not departure from two aspects.“The Constitution First”principle will help us to rely on the legal to govern the country. We hope that theconstitution and the criminal procedure law for building a socialist legal system in thesame road.