What are the principles to be followed when amending the Criminal Procedure Law?

The most prominent is "respect for and protection of human rights".

Principles for trial of cases in the new Criminal Procedure Law: The principle that all first-instance cases will be tried in public, but cases involving closed talks about state secrets or personal privacy will not be tried in public; In cases involving commercial secrets, where the parties apply for a private trial, the trial may be closed.

[Law Bridge Collision Law Basis].Article 188 of the Criminal Procedure Law of the People's Republic of China.

People's courts hearing first-instance cases shall be conducted publicly. However, cases involving state secrets or personal privacy are not to be tried in public; In cases involving commercial secrets, where the parties apply for a private trial, the trial may be closed.

In cases where the trial is not open, the reasons for the non-public trial shall be announced at court.

The basic principles of criminal procedure are as follows:

1. The powers of investigation, prosecution, and adjudication are to be exercised by specialized organs in accordance with law;

2. Strictly abide by legal procedures;

3. The people's courts and people's procuratorates independently exercise their functions and powers in accordance with law;

4. Rely on the masses;

5. The trial is open;

6. Criminal suspects and defendants have the right to a defense;

7. No one shall be found guilty without a judgment of the court in accordance with law;

8. Protect the litigation rights of litigation participants;

9. The principle of not pursuing criminal responsibility under statutory circumstances.

The Basic Principles of Criminal Procedure have the following characteristics:

1. The basic principles of criminal procedure embody the basic laws of criminal procedure activities, and these basic legal norms have a profound legal theoretical foundation and rich ideological connotation. For example, the principle of trial openness requires that the court's trial activities should be open to the public in terms of form and content, so that the trial activities are subject to extensive supervision by the public, which is the basic guarantee of the fairness of the trial procedure and the basic requirement of judicial trial activities;

2. The basic principles of criminal procedure must be clearly stipulated by law, and those political or theoretical principles that should be followed in the course of the application of law do not belong to the basic principles of criminal procedure as long as there are no clear provisions in the law;

3. The basic principles of criminal procedure generally run through the entire process of criminal procedure and have universal guiding significance. The basic principles of criminal procedure are the principles that regulate and regulate the entire criminal procedure, which are applicable to all stages of criminal proceedings and should be observed not only by the specialized organs of the State and their staffs, but also by all participants in the proceedings.

The public security organs are responsible for the investigation, detention, arrest, and preliminary trial of criminal cases. The people's procuratorate is responsible for the prosecution, approval of arrest, investigation of cases directly accepted by the procuratorate, and initiation of public prosecutions. The people's courts are responsible for trials.

Except as specifically provided by law, no other organ, group or individual has the right to exercise these powers.

Legal basis] Criminal Procedure Law of the People's Republic of China

Article 2: The tasks of the Criminal Procedure Law of the People's Republic of China are to ensure that the facts of crimes are accurately and promptly ascertained, that the law is correctly applied, that criminals are punished, that innocent persons are not criminally prosecuted, that citizens are educated to conscientiously abide by the law, that they actively struggle against criminal conduct, that the socialist legal system is preserved, that human rights are respected and protected, that citizens' rights in person, property, democracy, and other rights are protected, and that the cause of socialist construction is carried out smoothly.

1. The principle of openness in trials: The people's courts shall conduct the trial of cases and announce the verdict in public, allowing citizens to observe the courtroom and allowing journalists to interview and report, that is, the entire process of the courtroom trial shall be made public, except for the adjournment of the court to deliberate on the case. Except as otherwise provided by this Law, the trial of cases by the people's courts is to be conducted in public.

It includes the disclosure of the trial process and the results of the trial; This includes disclosure to the parties and to the public, so as to ensure the fairness of the trial, which is conducive to enhancing the credibility of criminal justice and increasing the authority of criminal justice.

2. The principle of direct speech: The judge must personally hear the oral statements of the parties, witnesses and other litigation participants in the courtroom, and the facts and evidence of the case must be presented orally by the prosecution and defense in court and investigated by oral argument and cross-examination. It includes the principle of directness and the principle of words.

The principle of direct trial can be further divided into the principle of direct trial and the principle of direct collection of evidence. This principle is conducive to ascertaining the truth of the case and achieving procedural fairness.

3. Principle of debate: During the court trial, the prosecution and defense should debate orally, and the court's judgment should be made with full debate as a necessary procedure, and the main body of debate is the prosecution and defense and other parties, and the plaintiff and defendant of the incidental civil lawsuit are also the subject of debate; The debate is about evidentiary issues, factual issues and the application of law. This principle is conducive to the accurate determination of facts and evidence, the application of law, the making of fair judgments, and the protection of the defendant's right to defense.

What is the significance of a criminal trial.

1. The trial has the significance of safeguarding the legitimacy of the prosecution.

2. The trial has the significance of protecting the defendant from wrongful prosecution.

3. The trial has the significance of ensuring the realization of the right to a defense.

What are the characteristics of a criminal trial.

1. Authority.

It means that once a criminal case is prosecuted to the court, it will have the legal effect of litigation, and the court has the obligation and power to hear and make a judgment.

2. Experience.

It means that the adjudicator of the case must participate in the trial from beginning to end, review all evidence, and make a judgment on the case on the premise that the opinions of the prosecution and defense must be fully heard.

3. Other features.

the passivity of the initiation of trial proceedings; Independence; neutrality; procedural; Openness; impartiality; Finality.

Legal basis

Article 55 of the Criminal Procedure Law: In sentencing all cases, emphasis should be placed on evidence, investigation and research, and confessions should not be easily believed. Where there is only the defendant's confession and there is no other evidence, the defendant cannot be found guilty and punished; Where there is no confession from the defendant and the evidence is credible and sufficient, the defendant may be found guilty and given a punishment.

The evidence is credible and sufficient, and shall meet the following requirements:

1) The facts of conviction and sentencing are all supported by evidence;

2) The evidence on which the verdict is based has been verified as true through legally-prescribed procedures;

3) Summarizing all the evidence in the case, reasonable doubt has been eliminated as to the facts ascertained.