The Study Of Constitutionalization Of Criminal Procedure

The Constitution and Criminal Procedure law are designed to limit the authorityof the State to protect the rights of individual citizens. The Criminal Procedure law isthe most closely associated with the Constitution Act. Countries to the Code ofCriminal Procedure Law has a different degree of constitutional and criminallitigation Constitution, that its contents should comply with the provisions of theConstitution, the fundamental rights of defendants in criminal proceedings should bebased on the provisions of the Constitution, as a minimum, not only at the legislativelevel, also includes dynamic effectiveness, the Constitution and the criminalProcedure Law of the effectiveness of interactive performance for a constitutionalreview of the criminal case, that way through a case-by-case review of the content andspirit of the criminal proceedings related to whether the law contrary to theConstitution, whether the violations of basic human be prosecuted criminal rights.China’s Constitution and Criminal Procedure Law exists fragmented, criminalunconstitutional legislation "widespread legislative practice, the widespread absenceof judicial practice of unconstitutional sanctions". In the current constitutionalframework, we should take measures to improve the right to constitutional review ofthe National People’s Congress Standing Committee, the long run, China should learnfrom the review model of the French Constitutional Council, a constitutional reviewof the criminal proceedings.The text besides the introduction is divided into four parts: the relationshipbetween the Constitution and the Code of Criminal Procedure law triple the basiccontent of the Constitution of the criminal proceedings; criminal proceedingsConstitution mode; the relationship of our Constitution and the Code of CriminalProcedure Law.The first part, the relationship between the Constitution and the Code ofCriminal Procedure law triple explore the reasons for the closer the relationshipbetween the Constitution and the Code of Criminal Procedure Law. The relationshipbetween the Constitution and the Code of Criminal Procedure law mainly as follows:the commonality of the value of the specification constraints and the effectiveness ofinteractive. In the Value, the Constitution and the Code of Criminal Procedure aredesigned to maintain the social order, social justice, and the protection of the freedoms and rights of individual citizens. Mainly on the specification for the Code ofCriminal Procedure Law shall not violate the Constitution. Effective interactivedisplays for judicial review of criminal casesThe second part, the criminal litigation constitution of the content constitutionhas important influence on rights of criminal justice the configuration and criminalprotection of human rights, as well as the negative consequences ofunconstitutionality. Explore the relationship between the right to constitutionalconstraints under investigation, accusing the rights and jurisdiction of the three incriminal justice, the right part of the main. Accusation, judicial power constraints aswell as the right of inspection and investigation right internal relationship Detectiveright. Mainly elaborates the meaning and content of the criminal litigation rightsconstitution.The third part of the criminal proceedings constitutional mode, depending on thecloseness of the national Constitution and the Code of Criminal Procedure relations,Criminal Constitution patterns into directly applicable, centralized review type,separate type and split type. Directly applicable to the United States for example, theprovisions of the Constitution can be directly applicable in criminal proceedings, theCode of Criminal Procedure and the Constitution integration. Focused review of thetype represented by continental Europe, which is divided into the mode ConstitutionalCourt in Germany and France on behalf of the Constitution Committee mode.Separate type In the United Kingdom, for example, the British Constitution is flexibleConstitution; it does not override the legal effect of the Code of Criminal Procedureabove. Split type to our representatives, our Constitution and the Code of CriminalProcedure are fragmented in terms of the legal norms on the effectiveness of thereview.Part IV of our Constitution and criminal litigation Relationship. There is a ditchbetween the Code of Criminal Procedure law and the Constitution of our country,mainly for Criminal legislation unconstitutional, and the lack of a system ofconstitutional review of the criminal case. Rational allocation of the terms ofreference of the criminal justice constitutional vision in the context of the current judicial reform, and to strengthen the protection of human rights in criminalprocedures to realization of the criminal constitution.