Reform Of Criminal Suit And Litigation Cultural

Determine the status of Chinese Criminal Procedure Criminal Procedure Reform China necessity, but this reform is not easy migration of modern Western criminal legal system, but must consider the Chinese traditional legal culture and modern advanced litigation legal culture, and on this basis to establish Chinese criminal Procedure Reform base path.China’s current criminal legal system is characterized by the national authority principle, within which to give birth to two requirements. First, the state has the obligation to fully retroactive crime, this obligation is based on the need to combat crime, rather than the protection of human rights, which are formed in the proceedings of the value of the pursuit of objective truth and and Marxist Epistemology linked to construct a thorough retrospective framework of the theory and practice of crime; Second, based on the pursuit of objective truth in the criminal justice system design and operation status of the Court is not independent breed judge authority is not independent, public security authorities divided between the rights and obligations as well as showing a contradiction unreasonable criminal proceedings, the evidence system is imperfect and repeated torture and other circumstances. Though the party doctrine draws some reasonable design of the system, but Marxism with Chinese characteristics under the authority of ills have not been eliminated.Reform of the criminal proceedings against China, we should first look for a macro path, and then extend this progressive development. This path should be on Chinese traditional culture, good and bad actions of the Department to give full attention, from the perspective of cultural action, first out its spirit after the health of their physique. In the litigious culture, the Western society since the Renaissance architecture in the formation of concepts and ideas on top of this criminal justice system is worth learning, and with the development of China’s criminal history, current situation and goals, explore the Chinese criminal proceedings reform path.