State Power And Procedure In Criminal Proceedings

This paper aims to research on relation between state power and criminal proceedings procedure, which the author carefully chose from numerous relating theories and analyzed with great emphases in order to solve following questions: why states in different forms unanimously take criminal proceedings mechanism as a routine method to punish criminals? What is the effect on state punishment right of criminal proceedings procedure? Through analysis, the author concludes: the state shall not only make punishment right enforceable, but also under pressure on how to practice in legitimacy, while procedure practice of criminal proceedings appears to be best way to legitimacy. This paper establishes several requirements on how to legitimize punishment right and profoundly analyzes mechanism, function and structure of proceedings being legitimated by itself.There are 5 chapters in this paper with gradual analysis as following:Chapter one is about state power face in criminal proceedings. This chapter points out: as a dispute solving method after forming of state, the most important characteristic of criminal proceedings mechanism lies in that its function in state power is crucial, comparing with self-preservation and another relief methods. It reflects state power by state laws, exerts state power by state framework and practices state power by procedure. State power constructs the core element of criminal proceedings system, and dominates the basic development process of criminal proceedings. It is indispensable to analyze the fundamental legal theory of criminal proceedings system, detailed system framework and behavior value judgment with this characteristic.Chapter two is about criminal proceedings as procedural field of state power enforcement. With term field introduced in this chapter ,the author points out although punishment right in criminal proceedings belongs to state power in nature, it has been specified in criminal proceedings practice, different from the state power out of criminal proceedings. It is the reliable and various power scene and atmosphere, that is, procedural field, that most influences the state power enforcement and specification in criminal proceedings. Procedural field explains the existence atmosphere and state of state power being procedural and makes clear relation between state power in criminal proceedings and the state, which results in important analysis method on distinguishing the relation between state power and criminal proceedings procedure.Chapter three is about legitimating the state power by criminal proceeding procedure. This is the most important chapter of the paper. This chapter points out that the method for states to solving crime and punishment by criminal proceedings actually indicates that sates intend to legitimize the practice of the punishment right. The legitimacy of punishment right results from the legitimate pressure by state power, which is a compulsory choice in every normal state. Whether it is enforceable for state punishment right has different judgment standard in different situation, but two common preconditions must exist: for fact discovery of the case and for abiding by of state power. Proceedings act as a power by criminal proceedings procedure to realize above two aims while the technical elements in proceedings and enforcement way determine the functional undertaking.Chapter four is about the context of rule of law in the state power legitimacy in criminal proceedings. This chapter thoroughly analyzes the rule of law in fundamental construction context in modern states, illustrates the legitimacy impact of the rule of law on the state punishment right and establishment and demonstration of right-guaranteed extent in rule of law context. It details the necessity and possibility of legitimacy of procedural punishment right in rule of law states, and systematically discusses that states of rule of law shall establish legitimated state punishment right from five aspects of subject of procedural field, space of procedural field, time of procedural field, information of procedural field and negotiation of procedural field.Chapter five is about the trend of relation between the state power and procedure in criminal proceedings in China. This chapter presents the relation between the state power and procedure since the Foundation of the People Republic of China with succinct and clear illustration. It points out that nowadays the process and relation between the construction of rule of law in China and the transfer of the state power enforcement. In the end of this paper, a prospect is dedicated for the relation between state power and procedure of China.