Study On The Judiciary Procedure Of Alteration In Criminal Enforcement

The alteration in criminal enforcement would improve the criminal reformenthusiasm, have a very important role in the protection of human rights. However, thealteration procedure in a closed written trial way, in current, not only cause the trialnon-existing but also make the executioner authorities become the master of commutationand parole. Criminals as stakeholders without any rights. Non-judicature undermine thecriminal reform enthusiasm, in order to obtain the alteration right, the criminal and prisonmight be illegal deal, cause judicial corruption. In recent years, from the Supreme People’sProcuratorate Work Report, as well as local People’s Procuratorate Work Report of view,illegal, improper implementation of changes to an alarming number of cases. This comesfrom the grim reality of judicial practice allows us to have to face up to our shortcomingsof the implementation of changes to the system, but also inspired the author to think abouthow the reform of procedural law in order to effectively reduce the occurrence of suchviolations of laws. In the specific program design, to begin with, by giving criminals theraising rights, expand procedure participation of the criminals, the victim, People’sProcuratorate. Then, by taking the corresponding measures breaking the closed procedure,change the unreasonable situation in the excessive expansive administrative power, suchas the open a court session to hear the case. Furthermore, focus on relief system design ofthe penalty alteration procedure, so as to protect private rights. Finally, Procuratoratesupervision is the key factors to resolve the unreasonable situation. In a word, the judge’simpartiality as referees, composed of professionals, open a court session to hear the case,procedure participants to participate effectively, to express their views and opinions,formed rivalry debate. By the ascertaining facts, such as criminal reform effect, make afinal judgment. Only on the basis of the referee can the justice value’s realization cometrue in the greatest degree, enable commutation, parole operation to be judicial regression.