Journal of Procuratorial Studies. Volume 6

Author: Sun Qian
Publisher:
Publish Date: 2003-08-01
Features: Strengthening and Perfecting the Constitutional Status of Procuratorial Organs: The legal supervisory function of the Procuratorial Organ is determined by its constitutional status as the national legal supervisory organ. The nature of the procuratorial system determines that the Procuratorial Organ must adhere to its legal supervisory function, uphold its constitutional status, comprehensively fulfill and enhance its legal supervisory function, independently and impartially exercise procuratorial power, promote judicial fairness, safeguard judicial authority and the unified implementation of national laws, promote the spirit of the Constitution, uphold the constitutional status of the Procuratorial Organ, improve legal supervisory procedures, increase legal supervisory means, strengthen the function and role of legal supervision, and pursue the goals of openness, fairness, equity, and efficiency.
On the Path and Methods of Deepening Procuratorial Reform: With the continuous deepening of China's economic system reform, people have put forward higher requirements for political democracy. The core of modern litigation is the pursuit of judicial fairness. The pursuit of judicial fairness cannot be separated from rational reforms in the procuratorial management system, ensuring the independent and impartial exercise of procuratorial power, guaranteeing the legal supervisory status of procuratorial organs, exercising procuratorial power independently and impartially in accordance with the law, strengthening the legal supervisory function of procuratorial organs, upholding judicial fairness, and safeguarding human rights.
On the Construction of Criminal Evidence Rules in China: China's criminal evidence system does not adopt the relevance rules, exclusion rules, and exceptions to exclusion rules of the common law system, nor does it adopt the "free heart and mind" or "internal conviction" evidence rules of the civil law system. However, in essence, China's evidence system is no different from the "free heart and mind" evidence system. Nevertheless, constrained by the influence of traditional litigation theories and concepts, China's criminal litigation has not and cannot strictly limit the criminal litigation proof activities through evidence rules. Constructing a criminal evidence rule system that suits China's national conditions is an inevitable requirement for reforming China's criminal trial methods, the defects of free proof, ensuring the fairness of litigation, achieving the value goals of litigation, and improving China's criminal evidence system.