Dialectical analysis of amendment to the Criminal Procedure Law of China in 2018

Preparations for the Implementation of the New Law

After the amendment and promulgation of the Criminal Procedure Law, appropriate preparation time should be set aside. On the one hand, there is time to develop an interpretation of the applicable criminal procedure law. Practice has shown that interpretation of the application of the criminal procedure law by the Ministry of Public Security, the Supreme People's Court and the Supreme People's Procuratorate is usually in the new law released before or at the time of implementation. However, the interpretation of the Criminal Procedure Law revised in 2018 from the Supreme People's Procuratorate was released on December 30, 2019, interpretations from the Ministry of Public Security released on July 4, 2020 Decision of the Ministry of Public Security on Amending the Provisions on the Procedures for Handling Criminal Cases by Public Security Organs (Order No. 159 of the Ministry of Public Security). Accessed February 17, 2021. , and the interpretations from the Supreme People's Court released on December 7, 2020 Interpretation of the Supreme People's Court on the Application of the “Criminal Procedure Law of the People's Republic of China”. Accessed February 17, 2021. . The issuance of interpretations obviously results in difficulties for judicial practice. On the other hand, there is time for practitioners to learn about the content of the new law and master its content, while the editing and publishing of teaching materials and the organization of training courses also require time.

Conclusions

Since its promulgation in 1979, the Criminal Procedure Law has undergone three revisions, each of which has caused widespread concern in the academic community. Since the promulgation and implementation of the Criminal Procedure Law on October 26, 2018, it the rules formed by the previous amendments to the criminal procedure law were subverted. No matter the speed of the amendment and its promulgation, or the scope of the amendment, it presents unique features. Analysis and reflection are undoubtedly of great significance for the future amendment of criminal procedure law. In any case, it is firmly believed that with the development of the times and the deepening of the development of the socialist rule of law, the future revision of the criminal procedure law will make greater progress in terms of science and democracy.

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