Journal of Shanghai University (Social Science Edition) ›› 2025, Vol. 42 ›› Issue (4): 1-13.

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On the Legislative System of Criminal Procedure Principles

  

  1. Criminal Law Science Research Center, Renmin University of China
  • Online:2025-07-15 Published:2025-07-21

Abstract: Criminal procedure principles articulate the fundamental requirements underlying the theories and rules of criminal procedure. They serve as the basis for specific rules, procedures, and systems, guiding and regulating both the legislation and the practice of criminal procedure. Therefore, these principles must be observed in both legislative and judicial contexts. Their functions are realized through a systematic framework. An ideal system of criminal procedure principles should be comprehensive, hierarchical, coherent, and abstract. In comparison, China’s current system of criminal procedure principles requires reforms in several respects: introducing the principle of procedural legality, the principle of fair criminal procedure, and the principle of hearing in accordance with the law; deleting the principle of leniency for pleading guilty and accepting punishment; and relocating the provision against compelled self-incrimination to the section of fundamental principles. 


Key words: principles of criminal procedure, principle of legality, principle of fair criminal procedure, principle of fair trial

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