Research On Time Limitation Of Criminal Procedure

Through introducing the overview of our national criminal procedural time limitssystems’ contents and functions, and the most representative national time limits systems oftwo different modes of criminal trial: the foreign litigant principle and authority criminal trial,the article analysis and obtain the common things of the national time limits systems. Thenthe article mainly takes the empirical research methods to find the outstanding problems inusing our national criminal procedural time limits system: the litigation period is too long; thephenomenon of overtime custody is serious; the transfer of rights is unbalanced; the setting oftrial term is unreasonable; the term of custody and duration of action are integrative; theapplication scope of summary procedure setting is simple and narrow. And the reasonsderived from the analysis and summary of the problems are as follows. There are the effect ofheavy entities and concepts of light program. The role of the lawyers is not brought into fullplay. In addition, the reasons also include the quality of personnel handling a case, theimperfection of supervision mechanism and punishment system, the deficiency of thedetainment and remedy system, the effect of the criminal procedure mode and the legislationloopholes. And then it can establish the macroscopic guidelines and efficiency principles ofour national criminal procedural time limits systems, the controlling principle in Judicature,the principle of the protections of the human right and the principle of procedural justice.Thereby it can be targeted to put forward concrete measures of perfecting our nationalcriminal procedural time limits legislation. The measures are strengthening the lawyers’ rightsprotection in the investigating stage, establishing the efficient judicatory remedy system andthe reasonable definition of the term in custody, establishing the perfect measures of custodysubstitution, carrying out the procedure of the simplified trial for common procedure. At thesame time, it should have the safeguard measures of perfecting our national criminalprocedural time limits legislation: enhancing the construction of the supervision and restraintsystem, perfecting the national compensation system of the illegality custody, establishing thecriminal responsibility investigation system of the illegality custody. The article mainly takes the empirical research methods as well as the comparative analysis methods, so the results ofresearch can be more operationally and practically.