acomparisonbetweenmainlandchina

A Comparison between Mainland China Criminal Defendants; Mainland ChinaI. Introduction of the protection for the criminal defendants in U.SJust as Justice Felix Frankfurtheran Amercian Grand Judgesays “To the large extent ,the history of the American freedom is the history of due process of law.” [1] Freedom and rights can never be balanced without the due process of law. Any criminal justice between the government and freemen is unfair because the government controls the large legal rights and resources, therefore the due process of law should be used to protect the rights of the criminal defendants. In the Black law dictionary, the core idea of due process of law refers to anyone whose legal rights will be influenced by the court decision have the right to know, to state his own opinion and to oyer.American Federal Constitution Amendment Item Five says “Life，freedom and property can not be deprived by the police or court from anyone without the due process of law.” [2] Seen from the theory of the procedural justice, a fair trial is a necessary and important part of the thought of the due process of law. Due process of law is a law which hears before it condemns, proceeds upon inquiry, and renders judgment only after trial. The principles of due process will not only be helpful to protect the basic human rights and the rights of action for criminal defendants but also to prevent the police using torture and violence to coerce a statement in the stages of investigation and prosecution more effectively. The principle of due process will also ensure that the criminal defendants and the prosecutors should have equal status and rights as prosecutors have in the trial.To be specific, the criminal defendants, before in custody, must be ined of the right that they have authorized by the Constitution such as the right to know the truth, the right to keep silent, the right to gain legal aids and the right to keep personal freedom and property freedom namely Miranda Warning, and enjoy plea bargaining in the trial such as willing to accept the jurisdiction or not and get a fair trial.Even after the trial, the convicted criminal defendants still have the right to appeal and enjoy the right to be free from torture in order to ensure the implementation of a fair punishment for the convicted defendants.In addition, the convicted criminal defendants still have the opportunity to obtain judicial relief.The original judgment can be overturned as long as the criminal defendants can present new evidence that proves the process of investigation, prosecution or trial is not due by the prosecutors, the judges or the police, which can be regarded as the best use and full reflection of the principle of due process of law.II．Current situation for the protection of the criminal defendants in Mailand ChinaThe P.R.A criminal procedure law revised in 1996 also absorb some excellent ideas of due process of law in Anglo-American law sys