| At present，the orientation of Chinese criminal procedure model can not comprehensively summarize the form of Chinese criminal procedure, and can not meet the realistic needs of Chinese criminal procedure system reform either. Chinese criminal procedure model can be more clearly analyzed from both negative and positive aspects based upon value-free position. From the negative aspect, the current Chinese criminal procedure model is not modern inquisitorial model, has no adversary factors in essence and is not so-called composite or inquisitorial model too. From the positive aspect, the current Chinese criminal procedure model has traditional factors, and is also influenced by the reality, international factors and development of Chinese society, so its real model has the characteristics of diversity, mobility and contradiction. But on the whole it is a transitional model, and is also a litigation form of State Standards. As to Chinese criminal procedure system reform in the future, the opinions of academia approximately include“the adversary group”,“the inquisitorial group”,“the composite group”and“the national condition group”. These opinions are basically from academia and not or not wholly the main opinions of citizens and legislators. These opinions are basically the Chinese expression of foreign words and their universal degree and legitimacy are worth thinking. These opinions are basically ideal, but the realistic supporting conditions are comparatively limited. Based upon the objective analysis and judgment on Chinese realistic and future conditions, the future construction of Chinese criminal procedure model will be restricted by many variable factors in current time and future. Therefore, good results can be expected by using active factors effectively. In this aspect, the construction of Chinese criminal procedure model should consider the influence and restriction of multiple factual factors, and follow the principles of localization, realism, cooperation, evolution and constructivism, creativity, etc., in order to construct a criminal procedure model of“indigenous modern type”. |
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