Research On The Improvement Of Translation System In Chinese Criminal Procedure

Under the background that the judicial system is reformed,China expedites socialist legal construction and increasingly improves the legal system that reflects fairness,justice,and equality,but the translation system for the criminal procedure has always been on the margin of legislation and justice.With the continuous deepening of reform and opening-up and increasing regional population mobility,public security and judicial organs in different places have accepted an increasing number of criminal cases involving ethnic minorities,foreigners,and deaf-mutes,so the difficulty in language communication has become a major problem in handling such cases and directly affects the criminal procedure.As participants in the criminal procedure,translators provide translation support to the prosecuted ethnical minorities,deafmutes,foreigners and stateless persons to eliminate the communication barriers in all aspects of the criminal procedure to help accurately identify the facts and evidence of cases.However,existing Chinese legislative regulations on the translation system are excessively principled with a weak theoretical basis,and the judicial practice lacks detailed standards.In view of this,in order to better protect the language rights of the prosecuted in the criminal procedure,this research analyzes in depth the translation system for the Chinese criminal procedure through literature research,empirical research,extraterritorial inspection,and crossover research and proposes some targeted recommendations for China to improve the translation system for the criminal procedure.Except the introduction and conclusion,this research consists of the following five parts:The first part outlines the translation system for the criminal procedure,including the meaning of translation system for the criminal procedure,characteristics of translators in the criminal procedure,classification of translation activities in the criminal procedure,and legislation status of the translation system for the Chinese criminal procedure.The second part analyzes the theoretical basis of the translation system for the Chinese criminal procedure.Based on the purpose of criminal procedure,this part proposes the theoretical basis of the translation system should include the theories of language rights,human rights protection,effective punishment,and procedural justice.The third part analyzes the problems of the translation system for the Chinese criminal procedure and causes.Specifically,this part investigates the problems existing in judicial practice in three stages,before,during and after the event,according to the process of translation activities and analyzes the causes for the above problems from the perspectives of legislation,justice,society,and industry characteristics.The fourth part reviews relevant provisions of foreign translation systems for the criminal procedure,which focuses on relevant provisions of translation systems in international legal documents,common law system,civil law system,and mixed law system for comprehensive analysis and scientific reference.The fifth part proposes rational recommendations for the improvement of the translation system for the Chinese criminal procedure,and specifically it proposes the idea of improving the translation system for the Chinese criminal procedure based on the experience of foreign countries and national situation of China.