AnalysisoftheCriminalProcedureLawCivilProceduremodificationsoflegislativelanguagespecifi

1、An alysis of the Criminal Procedure Law CivilProcedure modificati ons of legislativeIan guage specificati onAbstracts appropriate legislative Ian guage to builda reas on able,logical structure, and expressi onof theappropriate legal, and more con ducive to the applicati on of the law. Crimi nal Proc

2、edure Law, Civil Procedure Law of the absorbed Criminal modify, practical experienee and theoretical civil acti on summary for our crim in al litigati on, civil litigati on, actual embodies the results of our crim in al, civil reform. However,modificati onsof the Crimi nalProcedure Law, Civil Proced

3、ure Law in the legislative Ian guage, there are still some n eed to be improved, such as the the unification of the legislative framework, the logic of the legislative Ian guage sema ntics, etc. This paper attempts to carry out the an alysis of these issues, and put forward a nu mber of recomme ndat

4、i ons.The Paper Keywords Criminal Procedure Law Civil Procedure legislative Ian guageMarch 14, 2012, the fifth session of the Eleventh National People s Congress examinedand adopted theidecision of the National People s Congress on Amendingthe Code of Crimi nal Procedure, Preside nt Hu Jin tao of th

5、e People s Republic of China signed the Presidential Decree of 55, announced the decision, effective as of January 1, 2013 to August 31.2012 years, thetwenty-eighth of the 11th StandingCommittee of theNational People s Congress vote by the decision of theStanding Committee of the National People s C

6、ongresson Ame nding the Civil Procedure Law, since 2013 effective date of January this point, modify the duratio n of the long, wide-ra nging comme nts,viewpo intsdiscuss two fierceProcedure Law modify fin ally settled, but based on the Criminal Procedure Law, Civil Procedure Law to modify aroused t

7、he oscillati onand En forceme ntwill producefar-reachingimpact of its research among scholars is inthe asce ndant.Discussi on and after the impleme ntati on of theCrimi nal Procedure Law, Civil Procedure modified research scholars focus mainly modify the guid ing ideology, basic prin ciples, the bas

8、ic system and other specific issues, from the point of view of the legislative Ian guage study smaller, more representative &It;&It; On China s Criminal Procedure Law of the legislative Ian guage perfect > ;& gt;< ;&It; legislative Ian guage and logic specificati on - Code of CriminalProcedure f

9、or the raw materials>>& It ;&It ;&It;Civil ProcedureLaw>improper use ofmicro-probe> ;>Ian guage > ;> <<defi niti on of the terms of the Civil Procedure Law.The legislativeIanguageis the Ianguage usedby the legislators in the legislative process, the text as well as the Iangu

10、ageof the law must follow. Legislatorslegislative inten t, legislative purpose must be reflected in the legislative Ian guage. Appropriate legislative Ian guage to be able to build a reas on able structure, logic rigorous, appropriate legal expressi on in appropriate legislative Ianguage will affect

11、 an applicable legal and academic values, and eve n lead to ambiguity and con troversy. therefore, the legislative qualificati ons to attach importa nee to the study of the legislative Ian guage in the legislative work, i n Legal Draft ing making process to seek the views of lin guists.Accord in gly

12、, the author intends to comb ine thebefore and after modificationof the Criminal ProcedureLaw, Civil Procedure Law of the specificlaw article, fromthe perspective of no rmative structure, logic, term ino logy and expressi on do some prelim inary explore and suggest ame ndme nts.,Crimi nal Procedure

13、Law, Civil Procedure Law in the same or similar chapters existdiffere ntlegislativeframework, it is recomme nded that a un ifiedLegislative framework refers to the contents of thelegal structurearrangements.Legislative framework is atech ni cal problem, han dled well, not only con ducive to the smoo

14、th in troductio n of the law, is more con ducive to the un dersta nding and impleme ntati on of the law.Modificationsof the Criminal Procedure Law,Civil Procedure Law, one of the the evide nee part are the focus. Modifications of the Criminal Procedure Law, the defi niti on of all the facts from the

15、 orig inal“ prove the truecircumstances of the evidenee,all the evidenee ” wascha nged to “ materials that can be used to prove the facts of the case, are evidenee of” the kind of evidenee fromthe orig inal“evide nee the followi ng seve n categories: (aphysical evide nee, doeume ntary evide nee, (b

16、testim ony of witnesses,(the three victims statements,(iv suspectseonfessionof the accused and the excuse, (five expertconclusions,(f record of inspection,(vii audio-visualmaterials.“ modify ” evidenee including:(a physicalevide nee(doeume ntary evide nee,(c testim ony ofwitnesses,(d victims stateme

17、nts,(five suspects, theeonfessionof the accused and the excuse (six expertopinion, (g inq uest, i nspecti on, ide ntificati on, in vestigative experime ntstran scripts,(eight audio-visual materials,electronic data“after the CriminalProcedure Law tomodify the type of evidenee from seven class into ei

18、ght categories, the breakdown of the physical evidenee and doeume ntary evide nee, an in crease of electro nic data.Modifications of Civil Procedure, the types of evide nee from the orig inal“evide nee of the follow ing: (adoeume ntaryevide nee, (b evide nee (audio-visualmaterials, (d testim ony of

19、wit nesses, (e stateme nts of the parties, (six expert eonclusions(vii records of inquests.revised to evide nee in eludes: (a stateme nt of the parties, (ii docume ntary evide nee, (c physical evide nee, (four audio-visual materials, (v Electronic Data (six witnesses testim ony, (7 expert opinion, (

20、viii survey in specti on record.Civil Procedure modify the types of evide nee from seve n categories into eight categories, adjust the order of the types of evidenee,electronicdata and tied with sevenother types of evide nee, i nclud ing physical data, i nclud ingAfter edit ingthe Crimi nal Procedur

21、e Law, CivilProcedure Law of the electronicdata clearly evideneeadiffere nt modify after the Crimi nal Procedure Law istiedfor the electro nicdata and audio-visual materials,modified after the Civil Procedureelectro nicdataaudio-visual materials in with in tied seve n other types of evide nee in cri

22、m in al litigatio n, civil litigati on practice and theoretical research, the meaning of electronic data, the scope and the main form of no differe nee, the differe nee lies in the way to obta in electro nic data as evide nee review judgmentstandards and the Criminal Procedure Law ofthe orig inal do

23、cume ntary evide nee, physical evide nee tied amended as breakdown,made an agreementwith theCivil Procedure on the documentary evidenee, physical evide neeof therelati on shipbetwee nprocess ingTherefore, the CriminalProcedure Law, Civil ProcedureLaw in the same or similar chaptersthere are differen

24、tlegislativeframework,epitomizedby therelati on shipbetwee nthe relati on shipbetwee nelectro nicdata andaudio-visualmaterials, aswell aswith othertypes ofevide nee.Links to free papers Downl oad Cen ter Second, the legislative Ian guage in sema ntic logicalincon siste ncies, the n eed to revise and

25、 improve theLegislativeIan guageservices to the legislativeintentof the legislators, legislative policy record andexpress services accurately pass the legislative intent and legislative policy. Mr. Lia ngQichao has poin tedout:“ There are three elements to the diction of the law, a Yuem ing, sec ond

26、 is correct, third elasticity. clear the use of the French Ian guage, the elasticity French contained in the meaningof words.“ universallaw for all members ofsociety, law is expressed through Ian guage if the Ian guage used in the legislatio n not sta ndardized, not rigorous logic, chaos will in evi

27、tably lead to the applicati on of the law.Absorb the fruits of China s progress in humanrights, the revised Crimi nal Procedure Law will respect andprotecti on of huma n rights as the basic prin ciples of ourcrim inal procedure that must be followed, and bereflected in the releva nt provisi onsof Ar

28、ticle 50.:“ Thejudges, procuratorsand in vestigatorsmustbeinaccorda neewithlegal procedures,collect ingcanprovethe suspect,thedefendant s guiltor innocence,alltheevide nee of the gravity of his crime. strictly forbidde n toextort confessionsby torture and to collect evidenee bythreat, en ticeme nt,

29、deceit or other uni awful methods, may not force anyone to confirm his guilt must be guara nteed for all citize ns or lear ning the facts of the case relati ng to the case, to objectively and fully furnish evide nee con diti ons, except in special circumsta nces, they may be brought to assist in the

30、 in vestigati on.“ that on the basisof the originalcriminalprocedural law torture is strictlyprohibited. plus anypers onshall be compelledself-in crim in ati on.additi onto their fran kly, can not been forced. the Oral Evide nee forced out, you always want to exclude.Any pers on can not be required

31、to prove their own guilt, and reflects the spirit of human rights, in linewith the spirit of China s accessi onto the releva ntintern ati onal conven ti ons. < ;&It; Civil Rights and Political Rights and the International Covenanton >> theprovisi ons of Article 14, paragraph 3:“ Do not be fo

32、rcedto make not con ducive to his own testim ony or to con fess guilt. “In additi on, the Un ited Nati ons the juve nile justice Sta ndard Minimum Rules & gt ;& gt;& It ;&It;(&It;<BeijingRules >>provides: ” The prosecutionofpeople enjoy the right to not be forced self- in crim in ati on.How

33、ever, the modificati ons after the Crimi nal Procedure Law Article 118, first paragraph:“ in vestigatorsat the time of the interrogationof criminal suspects,should first ask whether the suspects have committed a crime, his stateme nt the plot of guilt or innocen ce, the n he questi ons suspects in v

34、estigators questi ons should be answered truthfully but the problem has nothing to do with the case, have the right to refuse to an swer.“118 suspects investigatorsinterrogation“shouldhonestly answer” 50 “ shall not force anyone to prove hisguilt, ” the logic of the conflict in the legislative seman

35、tic. Crime for a not implemented the suspects, “shouldtruthfully answer ” and “ no person shall be compelled to prove his guilt ” is not in contradiction:he did not sin,truthfully an swer not on ly will not prove themselves con stitute a crime, but also to prove his innocen ce, but for a Although th

36、e provisi ons ofsecti on118(2),“ investigators in the interrogationof criminal suspectswhe n it shall inform the suspects truthfully con fessed their crimes law leniency ” for theimplementationof thesuspects of the crime, that truthfully an swer likely to get leniency, but more direct consequencesis

37、 to prove hisguilt. important suspects“ should truthfully answer” setof obligati ons, directly con trary to“ any pers on who cannot be required to prove their own guilt“spirit, becauseany pers on can not be required to prove their own guilt, the defendant through the exercise of the right to silenee

38、 ” from the state organs are endless questioning disadva ntaged avoid not familiar with the law and speak on their own adverse confessionwhen weak citizens toconfront the powerful state mach in ery, the sile nee is ofte n the best weap on.Third, part of the legislativeIanguageof theordinance less st

39、ringent norms, colloquialphenomenon10still exists, pending specificati onThe legislative Ian guage to create and use a specialIanguage legislation and judicial practice, derived from the legislative and judicial practice and to guide and sta ndardize the legislative and judicial practice. Accurate,s

40、ucc inctandcon cise,rigorousspecificati on,avoid ingcolloquialIan guage oflegislatio nshould haveIan guagestyle.Butcolloquialphenomenonstill exists in theCivil Procedure modified, such as Article 43, paragraph 1 of the Civil Procedure Law stipulates:“ The judges shallhandlethe case impartially ” ,“

41、law ” means inaccordaneebecame law, in accordanee with the law,a impartially “ in accorda nee with the guideli nes of fair or impartial, ” impartially“non-legalterminologyandsemantic overlap and front ” law “ in the provisionsofArticle 43, paragraph 2, of the Civil Procedure: ” Judges shall not acce

42、pt the parties and his legal age nt treat or gift“，” treat “dinner theater ” gifts “ means gifts treat or gift ” the com mon vocabulary of daily life, the sema ntic neutral.“ impartially ” treat or gift“vocabularytoo colloquial use in Civil Procedure, and can not accurately reflect the legislative intent of the legislators.In addition, Civil Procedure 43 semantically confusingphe nomenonlogical, paragraph 3 states:“Judges corruption, favoritism, capricious and arbitrary behavior, should be held liable to co