Human rights are one of the widely acknowledged value systems in the international ,community. The core of human rights lies in the life and dignity of human beings. On the one hand, criminal procedure law is related ...Human rights are one of the widely acknowledged value systems in the international ,community. The core of human rights lies in the life and dignity of human beings. On the one hand, criminal procedure law is related to life and freedom, which is the concern of everybody. On the other hand, it involves direct dialogue between national power and citizens＇ fights.展开更多
China＇s Amendment to the Criminal Procedure Law of 2012 revises the provisions on rules of evidence. There are a number of positive changes compared to the original text, but some shortcomings still exist. For instan...China＇s Amendment to the Criminal Procedure Law of 2012 revises the provisions on rules of evidence. There are a number of positive changes compared to the original text, but some shortcomings still exist. For instance, although the legislation recognizes the right against compulsory self-incrimination, it does not acknowledge the right to silence and retains the obligation of the accused to confess; the amended provisions are more tolerant of the use of illegal tactics like ＂threats,＂ ＂enticement＂ and ＂deceit＂ to obtain confessions; the legislative approach does not resolutely deter unlawful search and seizure in the collection of evidence; and although there are provisions for protection of persona/safety, financial compensation and judicial sanctions to ensure that witnesses appear before court to testify, there are no provisions on the most important rule in the evidence system, the hearsay rule.展开更多
Since the enactment of China＇s Criminal Procedure Law in 1979, China＇s criminal procedure system has undergone a process of refinement and elaboration. A relatively complete framework for the criminal procedure syst...Since the enactment of China＇s Criminal Procedure Law in 1979, China＇s criminal procedure system has undergone a process of refinement and elaboration. A relatively complete framework for the criminal procedure system has been constructed that fits in well with contemporary international thinking on criminal procedure. The Decision on Amending the Criminal Procedure Law of the People＇s Republic of China passed by the National People＇s Congress on March 14, 2012 highlights China＇s strenuous efforts in protecting human rights and promoting the modernization of the legal system. It also demonstrates the consolidation and absorption of the achievements of China＇s continuing reforms. A review of the main content of the Amendment to Criminal Procedure Law is highly significant for the further improvement of the system.展开更多
文摘Human rights are one of the widely acknowledged value systems in the international ,community. The core of human rights lies in the life and dignity of human beings. On the one hand, criminal procedure law is related to life and freedom, which is the concern of everybody. On the other hand, it involves direct dialogue between national power and citizens＇ fights.
文摘China＇s Amendment to the Criminal Procedure Law of 2012 revises the provisions on rules of evidence. There are a number of positive changes compared to the original text, but some shortcomings still exist. For instance, although the legislation recognizes the right against compulsory self-incrimination, it does not acknowledge the right to silence and retains the obligation of the accused to confess; the amended provisions are more tolerant of the use of illegal tactics like ＂threats,＂ ＂enticement＂ and ＂deceit＂ to obtain confessions; the legislative approach does not resolutely deter unlawful search and seizure in the collection of evidence; and although there are provisions for protection of persona/safety, financial compensation and judicial sanctions to ensure that witnesses appear before court to testify, there are no provisions on the most important rule in the evidence system, the hearsay rule.
文摘Since the enactment of China＇s Criminal Procedure Law in 1979, China＇s criminal procedure system has undergone a process of refinement and elaboration. A relatively complete framework for the criminal procedure system has been constructed that fits in well with contemporary international thinking on criminal procedure. The Decision on Amending the Criminal Procedure Law of the People＇s Republic of China passed by the National People＇s Congress on March 14, 2012 highlights China＇s strenuous efforts in protecting human rights and promoting the modernization of the legal system. It also demonstrates the consolidation and absorption of the achievements of China＇s continuing reforms. A review of the main content of the Amendment to Criminal Procedure Law is highly significant for the further improvement of the system.
