||The Code of Criminal Procedure is an indispensable procedure law to a modern rule-of-law state. An accused will be tried in compliance with the procedures provided under the Code, to examine whether the constitutive elements of the alleged crime have been met and how the accused shall be punished accordingly. Under legal positivism, only guilt provided under written code corresponds to justice (“just-by-law”); whereas under natural law, apart from “just-by-law,” “just-by-nature” exists from the reason of human beings. Besides domestic laws, ideologies and universal norms conforming to contemporary civilization also provide references to the implementation of the procedure. |
This dissertation analyzes the criminal procedure system of the People's Republic of China (“PRC”), including the Criminal Procedure Law, first adopted in 1979 and later amended in 1996, and National Human Rights Action Plan 2009-2010 released on April 13, 2009. From the history perspective, it looks into the evolution of legal system and the development of humanism in China. It also compares the PRC’s criminal procedure with other countries in modern times. Finally, through case studies, it examines the difficulty and distress of PRC’s criminal procedure system.
From the perspective of historical study and comparative study, different history and culture background affect a regime’s understanding of criminal procedure; however, following the execution of international conventions and closer interaction among countries, economic development continuously presses on improvement of political development. Consequently, the criminal due process has become a defined human rights ideology under a rule-of-law system. Finally, from the viewpoint of New Institutionalism, this dissertation tries to discover the impact of criminal due process to the legitimacy of a political regime. The author sincerely hopes that this dissertation will benefit the Chinese people, the development of the criminal due process, and the governance of the Chinese government.