Mode Of Criminal Proceedings Under The Legal Ecological Theoretical Perspective

In the occasion of the Criminal Procedure Law is to amend, issues related to criminalproceedings has been placed on academic discussion on the cusp, attracted wide attention andparticipation. Criminal procedure mode as one of the basic theory of the Criminal ProcedureLaw has been a hot topic in academic theoretical issues, and now in turn through“Inquisitorial” and “Adversarial” of the problem with the doctrine of the dispute. In this paper,the legal perspective of ecological theory, the theory of evolution and the legal system from alegal theoretical point of view on the two modes of development and the formation ofcriminal analysis to domestic and international criminal procedure mode related to theory asthe theoretical background, based on local conditions on China’s, the use of value analysis,systems analysis and comparative law mode for the internal operation of the criminalproceedings for a more in-depth feasibility studies, analysis of our mode at this stage incriminal proceedings with regard to reconstruction of the misunderstanding, by mode ofcriminal proceedings ecological theory is introduced and discussed, proves that criminal pathmode for ecological theory and operability, the proposed reform of China’s CriminalProcedure Code should be the legal resources and legal domestic operating environment asthe basis and starting point, focusing on the legal system of the system and overallsignificance, based on this system of gradual and orderly reconstruction.Article text is divided into four parts, the overall context of a language from theory topractice, from the macro to the concrete, through the history of the world-wide vertical andhorizontal exploration, and ultimately return to our local legal practice and the process ofreform path. The first part is an overview of the legal theory of ecology. By describing thepractical significance of ecological theory and practice of background, legal description of theecological theory of realism and urgency, a clear legal basis of ecological theory on the origin,focusing on the ecological theory of the meaning of the law-the legal theory of evolutionand legal system theory, analysis of the two theories of the formation process and the legalaspects of operability, writing the article so as to establish two main premise. The second part is the ecological theory of legal theory and criminal procedure mode. This chapter is dividedinto two sections, first section a more detailed exposition of the doctrine of criminalprocedure mode from the proposed development to the recent amendments to the wholeprocess, and came to the general criminal evolutionary results; Section II the theory ofevolution and System analysis of the two dimensions of criminal proceedings on theevolution of the mechanism and operation mode of the system performance and limitations.The third part is the world of criminal procedure mode schematic interpretation of the laws ofecological theory. This chapter from the criminal point of view of two ecological theory, morespecific descriptions of criminal procedure mode from the traditional to the modern mode ofevolution and modern criminal systems analysis process, the main analysis of theimpeachment-style litigation to the parties to the main litigation, correct asked the type oflitigation to the terms of the major litigation and criminal procedure mode modernco-evolution of the overall context, the legal system from the theoretical point of viewdetailed analysis of the three modes of modern criminal elements and between the internaland external environment relationship. The fourth part is the legal theory of ecological modeto build the significance of China’s Criminal Procedure. Of historical and world-wide modeof the criminal law interpretation of ecological theory, this chapter focus on return to thereform of China’s current Criminal Procedure Law, focusing on the legal theory of evolutionexplains the theory behind and the legal system and legal system, law, environmentalintegrity of two key, and use it as the Criminal Procedure Law amendment proposals.