| Through summarizing different research of several scholars, this essay clarifies differences and connections among the Principle of Procedure under Law, the Principle of Due Process,the Principal of Legality and the Principal of Criminal Compulsory Measures under Law. Further more, the author provides application for solving problems in our judicial practice and legal provision of the criminal procedure law. A famous jurist once said:" Different principals of law lead to different legal systems." Since the criminal procedure law is being revised currently, this essay tends to correspond with the background of this new era by discussing one of its hot spot, namely "the Principal of Procedure under Law".The first section discuss connotation of this principal in both narrow and broad sense and make conclusion above different researches on the Principle of Due Process,the Principal of Legality and the Principal of Criminal Compulsory Measures under Law, that the new narrow explain of the principal of procedure under law is of possibility. The second part emphasize values of the principal in legal theory and practice,thus showing its necessity. The third part synthesize other researchers’ idea and make own suggestions about the application of the principal. Last but not least, the writer unify two special provision, that is judicial interpretation and procedural agreement. |
