Research Of The Antidromic-run Of Criminal Proceeding

The antidromic-run of criminal proceeding is a special case of the process of criminal lawsuit. Based on reasonable justification, we have no choice but to select the antidromic-run of criminal proceeding when procedural justice is in conflict with substantive justice in judicial practice in order to realize substantive justice. It plays an important role both in ensuring the fair disposal of law case and in protecting the legal rights and interests of agent concerned. However, at the expense of losing the authority of criminal proceeding, it is very likely to occur unreasonable antidromic-run of criminal proceeding in some cases which will harm the rights and interests of both proceeding and substantiality due to the lack of peremptory norms of law. Therefore, laws are needed to adjust and regulate the antidromic-run of criminal proceeding. Hitherto, the issue of antidromic-run of criminal proceeding is lack of in-depth research in the law-theory field in China. This paper is divided into five parts to have a comprehensive, systematic and profound discussion about the antidromic-run of criminal proceeding.Chapter â…  "An Overview of antidromic-run of criminal proceeding" There is a brief introduction of the concept, characteristics, classification and significance of antidromic-run of criminal proceeding in this chapter which will start from normal and abnormal exit-mechanism of criminal proceedings. Then there will be a briefly review and standardization of the power operation. And then there will also be the alternative between the affirmation and negation, a high-level summarization of the significance of it, and the suggestion to regulate it.Chapter â…¡ "antidromic-run of criminal proceeding in the investigation period" In Section â…  there will be a briefly introduction of the current situation and main problems of the antidromic-run of criminal proceeding in the investigation period. An analysis of the cause will be given in Section â…¡. In Section â…¢, there will be suggestions about reform and improvement, and there will also be discussions aiming at the relevant provisions of the New Criminal law, that is to put forward the idea of how to improve the shortage and the suggestion of how to standardize and regulate the abnormal-exit and the abnormal non-exit.Chapter III "antidromic-run of criminal proceeding in the investigation and approving arrests, prosecution period" In Section I there will be a briefly introduction of the current situation and main problems of the antidromic-run of criminal proceeding in the investigation and approving arrests, prosecution period. An analysis of the cause will be given in Section â…¡. In Section â…¢, there will be suggestions about reform and improvement, and there will also be explanation combined with the relevant provisions of the New Criminal law, and finally there will be suggestions about how to solve the above-mentioned problems.Chapter â…£ "antidromic-run of criminal proceeding in the first and the second trial period" In Section â… , there will be a sketch of the current situation of the antidromic-run of criminal proceeding in the first and the second trial period. In section â…¡, the main problems will be pointed out. In section â…¢, the cause will be analysed. And there will also be explanation combined with the relevant provisions of the New Criminal law, and finally there will be suggestions about how to solve the above-mentioned problems in the last section. The key-point is to crack the recessive "Criminal proceeding chain" and to have a system design of the advantages and the disadvantages.Chapter â…¤ "antidromic-run of criminal proceeding in the penalty execution part" In Section â… , there will be a sketch of the current situation of the antidromic-run of criminal proceeding in the penalty execution part. In section â…¡, the main problems will be pointed out. And in section â…¢, there will be explanations combined with the relevant provisions of the New Criminal law, focusing on how to improve the unfair prison institution, leading to the problem of the improvement of the antidromic-run of criminal proceeding.