Criminal Litigation Program Reflux

The definition of the procedure circumfluence in laws of thecriminal procedure means the suit phenomenon settled by the chargingauthority in the prior proceeding subjected to the flaw in the procedurewhich shall be restituted to the prior proceeding from the currentproceeding.Reasonable procedure circumfluence which can enhance the qualityof the suit of prosecuting authority will be in favor of the truth foundedfrom the case and maintain the law authority. In case the procedurecircumfluence exceeds the limitation, such procedure may affect theproductivity of the criminal procedure and infringe the legitimate rightand benefit of the participants in proceeding. Currently,the malpracticeexisted in the procedure circumfluence of our country is the abuse of suchprocedure and no valid supervision for the decision of such proceduremade by the judicial authority due to the imperfectness of legitimateprovisions and the private profit of departments highly valued by thejudicial authority in practice. So in order to control the abuse ofprocedure circumfluence, it should make an improvement of theprovisions and reform and abandon the flaws existed in the judicialpractice.Currently, the studies of the procedure circumfluence by theacademic circles in relevant of all proceedings are rather comprehensive,but parts of these are focus on some stage of such procedure which havenot be examined as a whole. As aforesaid, this article tries to study theinstitutions of procedure circumfluence as a whole so as to discover thetrait and problems existed and make some available solutions. This articlewill be of five parts. The first part is preface which mainly gives astatement of the current situation of the legislation and the studies of theprocedure circumfluence. The next part will be a summary of theprocedure circumfluence which mainly analysis the range and the trait ofsuch procedure and study the relationship of the repentance suit in orderto make the definition of the procedure circumfluence clear. The thirdpart is about the current situation which firstly to analysis the problems jointly existed in all type of procedure circumfluence and then to studythe flaws in supplementary investigation and in the new trial separately.The fourth part firstly is to analysis the relationship of procedurecircumfluence and the value of the criminal procedure, the negative andpositive meaning of such procedure. And then to analysis the factors offlaws exist and make available settlements. The last part is the conclusionof this article which is to restate the opinion of the article.As aforesaid, it should take some restrictive measures to avoid theabuse of procedure circumfluence so as to enhance the productivity of thesuit and to the protections for the rights and benefits of the defendants.