The Roles of Local Rules of Criminal Procedure in the Process of Rule by Law in China

Abstract

Although China has a unitary tradition, there exist a large number of local rules in criminal procedure. Based on more than one thousands of copies of local rules of criminal procedure and relevant investigations, the article analysis the important functions of local rules of criminal procedure in the process of rule of law in China. In order to refine laws and regulations and guide pilot reforms, judicial offices draw up local rules of criminal procedure.These local rules also build mechanisms of coordinations between judicial offices and judicial internal offices and government departments,and local rules regulate the administration of justice system of judicial personals and business.In the aspect of protection of rights, local rules of criminal in China succeed in strengthen the rights of defendant and counsel and victim and prisoners.In addition, some controversies against local rules of criminal procedure in China are discussed. Finally,the article offer some suggestions to improve the justify of local rules in criminal procedure in China,such as admitting the power of local judicial offices to make rules and standardizing the procedure of formulating rules,and it’s necessary to set a bottom line and effective relieving courses.