The new rules for waiting and review are the results of the standardization of "innocence" ｜ Time Comment

Text/Wang Gangqiao

On September 21, the revised version of the "Regulations on Several Issues on Watchburning Trial" (hereinafter referred to as the "Regulations") were jointly released by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of National Security. Compared with the old version of the "Regulations" 23 years ago, the new regulations are considered not only to enhance the standardization, connection and operability of the bail pending trial, but also in recent years. "The institutionalized and standardized expression of criminal judicial policies.

The bail pending trial is one of the five legal compulsory measures in the criminal litigation system, and it is also the most important non -detention compulsory measure. In the early stage of the reconstruction of the legal system, the innocence was imposed that it had not entered the field of criminal justice. In order to effectively pursue the crime, the "detention as the principle and the exception of insurance" became the normal choice of public security judicial organs in various places.

As a compulsory measure with national compulsory forces, the value detained in criminal proceedings cannot be denied. For judicial organs, timely controlling criminal suspects and defendants can avoid the occurrence of judicial behaviors such as escape, stringing, and destruction; for society, it can also effectively reduce criminal suspects and defendants to commit crimes again, preventing more cause The consequences of great harm.

But before trial, it was a double -edged sword. The detention of deprivation of personal freedom will inevitably damage the personal rights of criminal suspects and defendants. And we know that criminal suspects and defendants are not the same as criminals. Once they are detained by mistake, even if the victim can successfully apply for compensation, it cannot make up for the harm caused by personal freedom and personal rights infringement. Essence

With the overhaul of the Criminal Procedure Law in 1996 and the judicial practice over the years, the principle of innocence the preferential preparation has been discussed from the theory of the legal community as the legal common sense that ordinary people also know. Criminal suspects and defendants were still innocent before the court was guilty without the court's trial, and should be regarded as a "innocent person". Therefore, the criminal suspect and the defendant who are still in a state of "innocent" is the most jurisdiction and the most conducive to avoiding harm to innocent.

Compared with the bail pending trial, a major reason for the investigation agency is more willing to take the coercive measures of detained categories, and it is also the traditional investigation strategy of "detained investigation". The main purpose of some public security organs is willing to close people into the detention center first to facilitate the obtaining confession or breakthrough cases. The role of pre -trial detention has been successfully carried out from the legal guarantee lawsuit, and alienation has become a special way of investigation and investigation.

The "Regulations" specifically carried out the decision, implementation, change, lifting, and responsibility of the bail pending trial. It is clear that for criminal suspects that take bail pending trials to prevent social danger, the bail pending trial should be applied in accordance with the law; Both have been standardized. Generally speaking, it has remained consistent with the "less caught advice" that the two highs have promoted and practiced in recent years.

Criminal justice has always been required to maintain a balance between "punishing crimes" and "guarantee human rights". Incorrectly, it has put forward new challenges to some old judicial concepts, judicial policies and even judicial hidden rules. The "Provisions" is not only the continuation of the spirit of "less caught", but also the result of innocent positive and standardized. From the perspective of criminal judicial modernization, the "Regulations" is neither the beginning nor the end, but just an important road sign. The actual implementation of the "Regulations" should help presume that this process accelerates forward. (The author is a person in the legal community)

(Yangcheng Evening News, submitted mailbox: [email protected])

Source | Yangcheng Evening News • Yangcheng School

Picture | Screenshot of the Supreme People's Court official website

Responsible editor | Zhang Qi Li Meiyan

School pair | He Qiyun

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