On The Perfection Of Special Procedure Of Criminal Litigation

In March2012, the fifth session of the11th National People’s Congress passed the criminal procedure law amendment, it added criminal special procedure, specially set up a new edit,5th Ed, consists of four chapters, including the minor criminal special procedure, the special procedure in the case of public prosecution settlement by the parties, the criminal suspect or defendant escaping> death cases of the illegal income confiscated special procedure, the compulsory medical special procedures of the mental patient of no criminal responsibility. This is a big step forward in the field of criminal justice in our country, it follows the steps and the trend of international criminal justice, also is conducive to the balance of substantive law and procedural law, relieving the conflict between judicial resources and the actual demand, improving the litigation efficiency, optimizing efficiency of litigation resources. This article starts from the analysis on the relationship between the special criminal procedure and general procedure, concurrently on the general principles and basic elements of special criminal procedure set,weighs extraterritorial criminal litigation special procedure, absorbing its advantage and avoiding its shortcomings, and on the basis of evaluating the existing criminal litigation special procedure in our country, studies whether it can put the procedure expending application of limitation of prosecution, the approval procedures of passing a sentence under the legally prescribed punishment, the unit crime litigation procedure, the criminal proceedings concerning foreign affairs, the special procedure of anti-terrorism into the system of criminal litigation special procedure in our country.