Modern theory of criminal action holds, criminal procedure law mainly deals with the relations between state power and individual rights of the criminal suspect and the accused.
It has very important meanings on the criminal procedure law that the defendant pleads guilty, it can cause the emergence and change of certain procedures in the lawsuit as a kind of juristic act.
There are three different viewpoints about the relation between the criminal procedure law and the criminal substantive law in the sphere of learning: the theory of principal and subordinate, the theory of the same status and the theory of ladder.
Based on the theory of corporate crime, I am going to reconstruct a system for dealing with crime grounded on the theory of and provisions in criminal substantive law and criminal procedural law.
Specifically, it materialized the integration of criminal substantive law with criminal procedural law in 3-D thinking mode, which embodies the system's dynamicality and sufficiently represents the entire convicting process;
Necessities of establishing our country's criminal activity trial by default system lie in: firstly, grim reality of our country's counter-corruption and anti-terrorism demands us to set up the criminal activity trial by default system, because only when criminal activity trial by default system is consolidated , can our criminal procedural law link up with "United Nations Convention Against Corruption" and anti-terrorism convention which were signed by our country .
In the perspective of criminal integration, we should objectively evaluate the "strike-hard campaign" , integrate it with other criminal policies, criminal substantive law and procedural law, among which "the combination of punishment with leniency" should be the basis of our criminal policies.
Black-society-natured organizations on China's mainland have the same features as those in foreign countries and areas,i.e,they are organized,economic,grouped,corroded.Meanwhile,it is also characterized by unbalanced development,subcultural uniqueness,prominent regional characters,subject's distinction and striking violent crimes.Although our national criminal law has stipulated the black-society-natured organized crime,it still needs promoting.From the angle of criminal entity law,related crimes shall be c...
The establishment of the criminal law principles embodied the modern spirit of rule by law, contributed to the producing and realization of the legal value, such as "free, order, democracy, justice", etc.. Should make the meaning and the value of the criminal law principles and the conflicts and balance among the principles clear. The implement of the crime and punishment legal principles and the realization of the law value need the ensurance of the relevant law. Penalty should regard criminal offence as t...
Under the special historic condition, the compiling style and structure of ancient penal code manifested the following features: It consisted of general rules and branch rules 5 the compiling style of combining criminal entity law with criminal procedure law; turning and developing from the lower level of 'penal law decides the crime' to the higher level of 'the crime decides the penal law'. The subjects of branch rules were arranged from light to heavy according to the harm extent of the criminal offence t...