Criminal Justice Reform Research

Author: Jianming Li
Publisher:
Publish Date: 2003-05-01
Features: Excerpt Modern criminal justice's democratic characteristics are primarily reflected in two aspects: First, the law grants extensive procedural rights to criminal justice participants, enabling them to express their will, raise objections to judicial decisions, and apply for changes to those decisions. They can also supervise the illegal actions of judicial authorities and file complaints. In particular, suspects and defendants have the right to defend themselves, either personally or by a defense attorney. Second, the democratic nature of the judicial process. The democratic nature of the process is particularly evident during the trial stage, where the prosecution and defense have the right to collect and present evidence, cross-examine each other's evidence, and engage in debates. Judges must remain impartial, listen to the opinions of both sides, and make judgments. After a judgment is rendered, parties may still appeal or file complaints. The extent of procedural rights for criminal justice participants and the degree of democratic openness in the process reflect the level of modernization in criminal justice. The development trend of criminal justice modernization will also be the gradual expansion of procedural democracy while ensuring social security.
(4) Emphasis on Human Rights Protection in Criminal Justice The neglect or disregard of human rights protection during the operation of judicial power in traditional criminal justice is an undeniable fact. Judicial authorities can arbitrarily arrest, detain, and torture suspects. If an innocent person is arrested, detained, or tortured, or if an innocent person is wrongly convicted, the judicial authorities and officials are typically not held accountable. It can be said that under autocratic systems, except for the highest ruler, no citizen's basic personal freedom is guaranteed, because "the only principle of autocracy is to despise humanity, making people cease to be human." ② The confirmation of the torture system in law is the most typical and concentrated manifestation of the disregard for human rights in criminal justice. When criminal justice transitions from traditional to modern, the first noticeable change is the beginning of criminal justice legislation to emphasize and protect the rights of citizens. The 8th Article (2) and (3) of the Petition of Right (1672) and the Habeas Corpus Act (1679) of the United Kingdom are typical examples of specific provisions to strengthen human rights protection in criminal justice. ① During the modernization of criminal justice, we can see that no country has abandoned efforts to protect human rights. While granting judicial authorities the power to pursue crimes and protect social security, the law also imposes numerous restrictions on them, establishes strict procedures, and prevents the abuse of power that may infringe on the personal rights of citizens. The rationale is obvious: "Every society must have means to protect itself from the harm of criminals. Society must have the right to arrest, search, and detain those who commit unlawful acts. As long as this power is used appropriately, these measures are defenders of freedom. But this power can also be abused. And if it is abused, then any tyranny will yield." ② Regrettably, the neglect of human rights protection in criminal justice activities has yet to be completely eliminated. How criminal justice authorities can successfully uncover and control crimes while ensuring the human rights of citizens has even become a challenge in the modernization of criminal justice. However, regardless of the circumstances, the modernization of criminal justice should be characterized by the full protection of citizens' human rights. In other words, modern criminal justice must commit to respecting and protecting citizens' rights, take effective measures, and implement them in criminal justice practice. Of course, emphasizing human rights protection in criminal justice does not mean only protecting individual rights while ignoring collective rights. Both types of human rights should be pursued simultaneously. However, in the context of criminal justice modernization, human rights protection primarily refers to the protection of individual rights during criminal justice proceedings. ③