LEGISLATIVE PROGRESS IN CHINESE CRIMINAL PROCEEDINGS SYSTEM: THE SECOND AMENDMENT TO THE CRIMINAL PROCEDURE LAW OF CHINA

Abstract

As a cornerstone of the legal system, the Criminal Procedure Law of China addresses a series of issues, such as the allocation of public power and the protection of private rights, and so on. The Amendment (drafted in August 2011) to the Criminal Procedure Law meets the demand of the whole society. Generally, the Amendment makes more progress in the advocacy system, evidence system, compulsory measures, investigational procedure, trial proceedings and enforcement rules. Specifically, it sets forth special procedures, which make the proceedings (in the whole) more reasonable. The Amendment involves five aspects: (a) prohibiting the extorted confession by torture and protecting the legal rights of criminal suspects; (b) excluding illegal evidence; (c) strengthening the supervision of investigation, and standardizing judicial actions; (d) improving the defense system and enhancing the role of lawyer; and (e) overcoming difficulties in the witness presence and promoting the quality of trial.