A Comparative Study On The System Of Chinese And American Criminal Withdrawal

Avoidance system as safeguard judicial justice is indispensable in a litigation system, itrefers to the contractor of the judicial personnel with case case law case, shall not participatein the litigation activities of a litigation system. It is related to the official activities are fair,related to the case whether success, matter to the legitimate rights of the parties can beguaranteed. At the same time, avoidance procedure as avoidance system important constituent,avoidance system of continuous improvement allows avoidance procedure in theimplementation process to obtain the safeguard, avoidance procedure implementation canbetter promote the avoidance system of continuous improvement. The two complement eachother, integral. With the globalization of world economy, China is not immune from theindividual development, so the laws of all the countries are now in favor of China’s lawdevelopment one of the means. Because our country criminal avoidance procedure still existdeficiencies, and other national avoidance procedure for comparative study, but alsoconducive to enrich and perfect the criminal challenge program. But we can not completelycopy his law, should be based on China’s national conditions to foster strengths andcircumvent weaknesses, in order to perfect the legal system of our country, serve the societybetter.This article includes an introduction, thesis, body and conclusion, a total of three parts.The introduction describes the origin of the topics to improve its procedures, the importanceof the paper to achieve the purpose.Conducted a brief introduction to the first body part of the meaning of the criminalavoidance system and its procedures, criminal evade the meaning of a program, and is dividedinto two parts, part of the concept of clear avoidance system and evasive procedures, as wellas the link between the two. The other part focuses on the criminal evade the meaning of aprogram.Second Sino-US criminal proceedings avoid Criminal evade the main, evading reason tostart the program, the decision-making process, the legal consequences and avoidance ofrelief procedures were compared.Again, the chapter discusses the problems of our current criminal proceedings evasiveprocedures and path. This is divided into two broad categories of points, one evade theprogram’s shortcomings in our current criminal proceedings, including the main range, toavoid problems in five areas of responsibility. Is based on some sound advice on these issues.By the comparative analysis of Chinese and foreign avoidance system to system, to learnfrom the development of strengths and positive factors of the foreign, cited the problems of current criminal proceedings evasive procedures, targeted to put forward specificcountermeasures to establish suitable for China with Chinese characteristics socialistavoidance program, to promote the improvement of China’s criminal procedure.