Analysis Of Development And Evolvement Of The Principle Of The Plaintiff In Criminal Litigation And Its Construction

The Principle of benefiting to the authority and the Principle of benefiting to the accused are the major two models applied to current criminal litigation proceeding. The model under the Principle benefiting to the authority is generated from the accusatory procedure in old days, which was developed to constitute the model of the prosecutor and accused presiding the court with judge keeping neutral. The Thesis made analysis on the generation and distinctiveness of the model of the Principle of benefiting to the accused, and rooted its own theory from the principle of protecting the rights of the accused during criminal litigation under the Principle of benefiting to the accused, elaborating its impact on the criminal litigation formula of China and exploring its side effect under current circumstances so as to find the orientation of renovation.The thesis has the following six parts.Preface introduces the background and the purpose selecting this thesis topic, the analysis phenomena in China and abroad, the content of research and the analysis theory.Part II introduces the interpretation and resource of the principle of benefiting to the accused. Through comprehension of the concept of litigation model which the principle of benefiting to the accused is applied to, the basis for the following chapters is harmonized and established.Part III further analyzes the characteristic of the principle of benefiting to the accused applied in criminal litigation proceeding. Through in-depth analysis of special system embedded in the principle of benefiting to the accused, it is concluded that there are faults arising from this model, which provide the basis for analysis within this Chapter.Part IV is designed to elaborateevolvement and development of criminal litigation under Anglo-Saxon’slegal system. Upon the Precedent of the typical silence system and rule of excluding illegitimate evidence Anglo-Saxon’slegal system, elaborating evolvement of criminal litigation model of Anglo-Saxon’slegal system, providing reference to development of China’s criminal litigation system.Part V analyze the impact ofthe principle of benefiting to the accused under Anglo-Saxon’slegal systemon China’s criminal litigation model, from the perspective of evolvement of China’s criminal litigation models and 2012 Amendments to PRC Criminal Law.Part VI anticipate the trend of further development of the principle of benefiting to the accused. Through analysis of side effect of litigation model of the principle of benefiting to the accused, determine its renovation orientation. Firstly, strengthen judicial force of judge’s decision before litigation, secondly, limit the silence right of the accused, thirdly, enhance the authority of the judge during litigation hearing, finally, increase protection of the interest of victim.