What is the new criminal procedure?What is a judicial interpretation?How to understand both

Mondo Social Updated on 2024-01-29

History, Development and Understanding of New Criminal Procedure and Judicial Interpretations.

1. The history and development of the new criminal procedure.

The new criminal procedure refers to a new type of criminal procedure system that protects human rights, improves judicial efficiency, and ensures judicial fairness through reform and improvement of the criminal procedure system under the guidance of the modern concept of the rule of law. Since the founding of the People's Republic of China, China's criminal procedure system has undergone many reforms and developments, and a new criminal procedure system with Chinese characteristics has gradually taken shape.

In the early days of reform and opening up, China's criminal procedure system began to gradually transform to modernization. In 1979, China promulgated the first Criminal Procedure Law of the People's Republic of China, marking the formal entry of China's criminal procedure system into the legal system. Since then, with the development of society and the continuous advancement of the construction of the rule of law, China's criminal procedure system has been continuously improved.

In recent years, the reform of China's criminal procedure system has been deepened, and major reform measures such as the trial-centered litigation system reform and the plea leniency system reform have been launched one after another, further promoting the modernization of China's criminal procedure system. At the same time, China has also actively participated in international criminal justice cooperation and signed a series of international treaties and agreements, which have injected new impetus into the development of China's criminal procedure system.

II. History and Development of Judicial Interpretations.

Judicial interpretation refers to a legal document in which the highest judicial organ interprets and explains laws, regulations, rules, and other normative documents. In China, the Supreme People's Court and the Supreme People's Procuratorate are mainly responsible for formulating and promulgating judicial interpretations.

Since the founding of the People's Republic of China, China's judicial interpretation system has undergone many reforms and developments. In the early days of reform and opening up, China's judicial interpretation system began to be gradually established and improved. Since then, with the continuous advancement of the construction of the rule of law, China's judicial interpretation system has gradually become standardized, legalized, and scientific.

In recent years, the reform of China's judicial interpretation system has been deepened, and the Supreme People's Court and the Supreme People's Procuratorate have successively issued a number of judicial interpretation documents, providing comprehensive and systematic explanations and explanations of laws, regulations, rules and other normative documents. At the same time, China has also actively participated in international judicial cooperation and signed a series of international treaties and agreements, which have injected new impetus into the development of China's judicial interpretation system.

III. How to Understand the New Criminal Procedure and Judicial Interpretations.

1.The new criminal procedure and judicial interpretations are interrelated and mutually reinforcing. The establishment and improvement of the new criminal procedure system has provided a more perfect legal environment for the formulation and implementation of judicial interpretationsThe formulation and implementation of judicial interpretations also provide a more concrete legal guarantee for the implementation of the new criminal procedure system.

2.Both the new criminal procedure and judicial interpretations are established to protect human rights, improve judicial efficiency, and ensure judicial fairness. The new criminal procedure system is more focused on the protection of human rights and procedural fairness;Judicial interpretations, on the other hand, pay more attention to the interpretation and explanation of normative documents such as laws, regulations, and rules, so as to ensure the accurate application of laws.

3.The development of new criminal procedures and judicial interpretations is closely related to the development of society and the advancement of the rule of law. With the continuous development of society and the continuous advancement of the construction of the rule of law, the new criminal procedure system and judicial interpretation system also need to constantly adapt to the new situation and needs, and constantly improve and develop.

In short, the new criminal procedure and judicial interpretations are an important part of China's rule of law construction, and are of great significance for protecting human rights, improving judicial efficiency, and ensuring judicial fairness. We should have an in-depth understanding of and master the relevant knowledge of the new criminal procedure and judicial interpretations, and contribute to the development of the rule of law in our country.

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