Tolerance Ethics In Criminal Procedure Law And Its Realization

Tolerance ethics in criminal procedure law is that aiming to criminal acts of thesuspect or the defendant to be suspected, the specialized agencies of the state shouldobserve and embody mercy concepts, about which they conditionally apply to lenientprocedure so that the suspect or the defendant will not be prosecuted or relieved. It’sdesigned to provide a more humane and more comprehensive protection of benefits.But tolerance has its limit that it contributes to a faster recovery of the accused and therestoration of normal social order as soon as possible, and its essence is human-caring.In the modern era of diverse values, as the intrinsic value of the criminal procedure,tolerance has independent value which is different from justice, humanity andintegrity. And it’s the basic requirements of the modern rule of law.It is essential and feasible to advocate tolerance ethics in Criminal ProcedureLaw of China. As far as necessity: At first, Based on the legal Philosophy of valuerelativism, tolerance is an inevitable requirement of the environment of valuablediversity. Tolerance may bring the mutual interests of the parties in CriminalProcedure. Therefore, it’s a reasonable way to maximize the interests of all parties.Secondly, it’s the intrinsic requirement of modesty concepts in criminal procedure.Modesty concepts in criminal procedure are the value ideas of restraint, compromiseand tolerance that contained the principles, regimes and procedures in CriminalProcedure Law. Through the power of self-restraint, tolerance concepts provide theaccused with lenient procedure to make it tolerant consequences on the entity, and thisis inherent requirement of modesty concepts. Thirdly, it’s the basis of harmonyconcepts to be implemented. In addition to human-caring, tolerance concepts are apowerful manifestation of the spirit of humanism. So it contributes to the realizationof harmony concepts. In terms of feasibility:"no suits" concept in China’s ancientConfucian thought contains some of tolerance ideas in criminal procedure. At thesame time, the criteria of international criminal justice, restorative justice, the relevantprovisions of the Criminal Procedure Law and practice mode in China and criminalpolicy of temper justice with mercy provide a realistic basis to establish toleranceethics in criminal procedure law.Realization of tolerance ethics can not be divorced from the present legalprovisions, and it also can not be separated itself from criminal procedure. In current Criminal Procedure Law, tolerance concepts are mainly reflected in relativenon-prosecution regime, criminal reconciliation regime, conditional non-prosecutionregime of Minors, and the system of sealing up juvenile crime records. Only relyingon the several of existing regimes are far from enough to advocate tolerance ethics inCriminal Procedure Law. Establishing tolerance ethics should set up several ofregimes, such as the punishment of micro sin in investigation stage and the suspendjudgment.