From The Perspective Of China Due To Withdrawal Of Criminal Litigation Avoidance System

Avoidance system was born on the one hand is to ensure that cases in criminal proceedings are fair judgment, deeper meaning lies in it is the pursuit of the important embodiment of the value of fairness and justice. It gives the parties the withdrawal request right, that is, through the proceedings to give when people some things program selection and control rights, and thus protect the lawsuit main body status, realize judicial personnel to avoid the interest, to ensure the fairness of procedure and verdict. According to the need for a reason to avoid the need for a reason can be divided into the avoidance and avoidance. Without due to withdrawal as a birth has been a long time, avoidance system has also in many countries in the world universally applicable, in realizing judicial fairness and justice, protect the legal rights of parties, maintenance the legitimate rights and interests of the parties, the sound operation of litigation procedure has very important significance. But unfortunate is, because the criminal procedure law of our country does not provide free because of the avoidance system, and the current is as a result of the withdrawal system because the content is not perfect, the implementation is not complete and other reasons lead to the avoidance system in judicial practice in virtual situation. Through the analysis of the present situation of the foreign non- system avoidance system, we can see that the exercise of the system can protect the rights of the parties and ensure the fairness and impartiality of the whole procedure. Whether there will be no because of the avoidance system was introduced to our country and the introduction and application of in fact has become the focus of academic debate,but in view of the current our country is in the rule of law, construction of a socialist country under the rule of the road, in the crucial stage of the reform of the judicial system, timely guide not because of theoretical knowledge related to the avoidance system and has greater reference and guidance in the extraterritorial experience will be on the field of criminal procedure law of our country reform and the consummation.