The Research On Conditions Of Criminal Lawsuit

At present, China has entered the stage theory of Criminal Procedure Law, on which many basic theoretical constructing an orderly interaction of theory building. However, due to various reasons, the criminal prosecution of criminal procedure as an important condition has not been included in the scope of the concept of theoretical studies, the most important reason is that our research on the relationship between criminal proceedings and the state is not sufficient enough. The conditions of criminal lawsuit focus on the relationship and state of criminal procedure. Criminal proceedings for the study of the conditions cannot be isolated and the relationship between the concept of criminal proceedings can’t be departed either.Therefore, this paper is divided into four parts, the first chapter introduces the basic concepts about the condition of criminal proceedings, including the elaboration of its basic theory, basic concepts, features and profiles classified nature, focusing on analysis of the criminal proceedings and other similar concepts condition the differences and similarities. The second chapter of the Criminal conditions for development of the theory and practical experience abroad made specific introduction of common law, which included Japan, South Korea and Taiwan of China four regional system comparing the function of the criminal proceedings and the conditions for China reference. Based on this, the third chapter presents back home to conditions in the history of criminal proceedings and the practical application of the development of China’s situation, from the provisions of resolution and litigation results and other aspects of criminal proceedings further demonstrate the important role in China’s conditions Criminal activity program. Finally, the fourth chapter of the current criminal proceedings will be combined with the development of the actual conditions of the theory of criminal proceedings, discussing to build a rational and orderly system of criminal litigation conditions of possibility and necessity in our country. Both in theory and practical level, criminal Conditions theories of criminal proceedings on China are to accelerate the legislative process and improve judicial practice benefit.All in all, the text was trying to influence civil law by customary law premise in common with China, Japan, Germany and other countries enactments ideas and views on the development of these countries the conditions of criminal proceedings conducted systematic studies to soon be included in the track of Criminal Procedure legislation, judicial practice of science to guide the work in an orderly manner and improve our theoretical edifice of Criminal Procedure.