Core Concepts and Their Identification in Criminal Procedure Law



Social Sciences in China (Chinese Edition)

No.2, 2014


Core Concepts and Their Identification in Criminal Procedure Law



Wang Jiancheng


The revision and effective implementation of the Criminal Procedure Law is inseparable from the guidance provided by several important concepts. At the heart of the law are the concepts of legal procedure, protection of human rights, evidentiary adjudication, due process, and efficacy of legal action. Among these concepts, legal procedure reflects the distinction between criminal procedure legislation and the administration of justice; protection of human rights embodies the protection of the rights and interests of the accused and all members of society; evidentiary adjudication determines the process of judicial decision and the grounds of its legitimacy; due process expresses the essentially legal procedural character of criminal procedure law; and the efficacy of legal action reveals the tension between procedural justification and judicial resources as well as a means of resolving this issue. Establishing and adhering to such concepts is a long-term process, but it is one that constitutes an indispensable stage in becoming a country ruled by law.