Criminal Procedure Justice And Its Guarantee

The research perspective of this paper is in the field of criminal litigation.The concept of criminal procedure justice is put forward and the procedure participation,the balance between prosecution and defense,the neutrality of judges and the openness of procedures are the content of criminal justice in China.In this paper,the advantages and disadvantages of program instrumentalism and program-based value theory are analyzed and the viewpoints of both substantive justice and procedural justice are put forward.It puts forward the functions of procedural justice in promoting the realization of the substantive justice of the case,improving the level of human rights protection and improving the credibility of the judiciary.At present,the imperfect system of criminal procedure justice guarantee is mainly reflected in:Firstly,the procedural participation is not sufficient.Due to the lack of legislation on the witness testimony system,personal protection and the implementation of the subsidy system,the rate of testimony in court is low.Due to the selection of academic qualifications and methods of the people's jurors,the identity of the people participating in the jury is limited.The phenomenon of the people's jurors "to accompany without trial,to examine and disregard" is outstanding.Secondly,the accusation is unbalanced,the defense lawyer's defense right is not fully exercised,the lack of intervention in the investigation stage,the review and prosecution stage pays insufficient attention to the defense lawyer's defense opinions,and the defending role of the defense lawyer in the trial stage is insufficient.The improper exercise of the dual functions of the procuratorate caused further imbalances in the prosecution.Thirdly,the judge did not maintain neutrality.The trial committee's referee cases have the drawbacks of “the judge is not judged,the judge is not judged”,the scope of the request in the case request system is not clear,the supervision from the higher court,and the investigation,prosecution,and trial functions.The mixed influence affects the judge's neutral referee status.Fourthly,the procedure is not fully publicized,and the trial disclosure needs to be further deepened.The interpretation of the judgment documents is not sufficient,and it is difficult to achieve maximum publicity.Improve the path of China's criminal procedural justice guarantee system.First,in terms of program participation,improve the witness testimony in court and implement the personal protection and subsidy system to improve the witness testimony rate.Reduce the elective qualification requirements of the people's jurors,adjust the proportion of the selection method and improve their substantive ability to participate in the trial to ensure their full participation in the criminal procedure.Secondly,in the aspect of the balance between prosecution and defense,the full defense of the defense right of defense lawyers is guaranteed.In the investigation stage,the restrictions on the right to investigate and collect evidence are relaxed,the right to participate in the investigation and the right to participate in the investigation stage are given,and the defense opinions should be emphasized in the review and prosecution stage.Improve the relevant provisions for listening to opinions,and pay attention to the defense role of defense lawyers during the trial.By promoting the dual functions of the procuratorate to properly separate and implement the legal responsibility for improperly exercising dual functions,and introducing the people's supervisor system to regulate the exercise of the dual functions of the procuratorate,the balance between prosecution and defense should be achieved.Third,in terms of the neutrality of judges,the reform of the trial committee,the case request system,and the guarantee of public,prosecution,and law to strictly exercise their powers make the judges neutral.Fourth,in terms of procedural disclosure,through the improvement and implementation of the auditory system,the new ways of trial openness will be broadened to further deepen the trial openness.By strengthening the judgment mechanism of the judgment documents and clarifying the legal consequences and relief rights that are not fully justified for the defense opinions of lawyers,the judges fully pay attention to the interpretation of the judgment documents in order to achieve maximum procedural disclosure.Studying this topic has certain theoretical and practical significance for further developing China's procedural justice theory,promoting judicial reform,and advancing the trial-centered criminal litigation system reform.