Dialectical analysis of amendment to the Criminal Procedure Law of China in 2018

Peng Haiqing

doi:10.21638/spbu14.2021.209

Authors

Peng Haiqing Beijing Institute of Technology, 5, Zhongguancun South Street, Haidian District, Beijing, 100081, People’s Republic of China

DOI:

https://doi.org/10.21638/spbu14.2021.209

Abstract

The amendment to the Criminal Procedure Law in China in 2018 mainly involves enhancing the system for leniency based on admission of guilt and acceptance of punishment, increasing the procedure of fast-track sentencing, improving the convergence norm between the Criminal Procedure Law and the Supervision Law, and adding the procedure for trial in absentia. These improvements and additions have positive implications for the implementation of a criminal policy of leniency and strictness, for realization of the diversion of complex situations and simple situations in the proceedings, for deepening the reform of the state’s supervisory system, for realizing the people’s procuratorate’s effective performance of legal supervision, and power and for effectively punishing crimes of corruption. However, there are limitations in the amendment of the Criminal Procedure Law in 2018. In the future, the amendment to the Criminal Procedure Law can adopt both the comprehensive amendment of the National People’s Congress and the partial amendment of its Standing Committee, so as to promote the amendment of the Criminal Procedure Law in a timely and comprehensive manner. In terms of the amendment’s content, the judicial reform results and coordination between laws should be fully considered. New regulations for the new law should be clear and enforceable. In regard to law implementation, there should be sufficient time for implementation preparation after the promulgation of the new law.

Keywords:

amendment, Criminal Procedure Law, justice and effectiveness, Chinese plea bargaining, trial in absentia, state’s supervisory system

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References

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