Reform and Development of Powers and Functions of China’s Criminal Proceedings by Weidong Chen

Author:Weidong Chen
Language: eng
Format: epub
ISBN: 9789811584312
Publisher: Springer Singapore

3.3.3 Significance of the Establishment of the Procuratorial Organs’ Judicial Remedy Power and Function

3.3.3.1 Improve the Judicial Protection of Civil Rights

In today’s society, the protection of human rights has been regarded as the embodiment of the core values of a modern state, and the degree of civilization of a state is highly relevant to the importance it attaches to human rights. In China, respect for and protection of human rights have been written into the Constitution and the Criminal Procedure Law. While undertaking the task of prosecuting and punishing criminals and maintaining social stability, the people’s courts, the people’s procuratorates and the public security organs are also charged with the responsibility of respecting and safeguarding human rights to achieve the unity between the punishment of crimes and the protection of human rights. How to achieve the unity of the two is a major problem lying in front of the organs handling the case. The theory of procedural justice provides a theoretical system for balancing the protection of human rights and the prosecution of crimes, that is, satisfying the needs of human rights protection and criminal prosecution by recognizing the real value of the procedure, designing an impartial and proper procedural system and strictly implementing it. As an important part of procedural justice, judicial remedies in the course of proceedings are a necessary system design of procedural law to ensure that the participants to the proceedings can receive prompt and appropriate procedural remedies, thereby guaranteeing substantive justice and the realization of human right values.

The inherently expansive and aggressive nature of state power has made it the greatest threat to human rights, and since the First World War, states’ interventions in socio-economic life are becoming more and more frequent, and both capitalist and socialist countries are gradually moving towards the development dimension of nationalism. The power of the government is growing and the restrictions on the civil rights are increasing. At the legislative level, the state has enacted a series of laws restricting civil liberties, systematically and leanly controlling the society and interfering rights in the form of laws. As for administration, public power permeates every corner of citizens’ lives and may at any time, intentionally or unintentionally infringe the legitimate rights of citizens. Only justice can provide a fairer remedy for the legitimate rights of citizens. Since an independent, neutral and passive judicial power is unlikely to directly infringe the civil rights, it is entrusted with the heavy task to be the most powerful state power to protect civil rights and become the most important guardian of civil rights and liberty.108

It is common practice in all countries to realize the purpose of protecting human rights through judicial remedies, and in order to achieve this purpose, states are also making efforts to expand the jurisdiction of judicial power. It is with this in mind that Articles 47 and 115 of China’s Criminal Procedure Law have been newly introduced, which stipulate judicial settlement of the corresponding procedural disputes.

Download

Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.