On The Realization Of The Purpose Of Criminal Procedure In China

The aim of criminal proceedings is the basic category of the theory of criminal procedural law,and also the starting point of legislative and judicial activities in criminal proceedings.Research of this theory began in the 1990s,and tended to be mature gradually.Finally,in the 2012 revision of the criminal procedure law,concepts of the aim of criminal proceedings were established in order to punish crime and protect human rights.However,study of the theory did not stop with the clarification of legislation.On the one hand,the study of relationships between the aim of criminal proceedings,litigation construct and litigation value is still deepening.On the other hand,although punishing crime has been included together with guaranteeing human rights into the second chapter of the General Principles of the Code of Criminal Procedure,but it is still difficult to take into account both in the specific provisions,punishing crime is still the main value of criminal proceedings,it still lacks operable specific procedural provisions and sanctions against violation to protect human rights.Specifically,The criminal litigation structure in our country is typical investigation centralism,the power of investigation organs is too large,there are too many cooperations and too little restrictions between investigation,prosecution,and trial organs.The flow of work makes the trial become a mere formality and the court losts its judicial independence.Influenced by the concept of Discovering Real Fact,the three organs focus too excessively on fighting against crime in the proceedings,while ignoring the protection of offenders and victims’ rights and interests.The aim of our criminal proceedings is to strike a balance between punishing crime and protecting human rights.Theoretically,the two can achieve unity of opposites,but in practice there are confrontations between national interests and personal interests,interests of victims and interests of criminal prosecutors,these confrontation of interests can be reflected on the use of technical investigation measures,limitation of the exclusion of illegal evidence,dealing with cases which lack clear evidence.Therefore,the balance of the above interests is particularly critical.