Seminar on Major Issues Concerning the Fourth Amendment of the Criminal Procedure Law Held
2025-08-13
Recently, the academic seminar on "Several Major Issues Concerning the Fourth Revision of the Criminal Procedure Law", sponsored by the Research Center for Litigation System and Judicial Reform of Renmin University of China, was held in Xiong'an New District, Hebei Province. Nearly 100 experts and scholars from the political and legal circles and academia attended the seminar. The attendees discussed five unit topics: "Improving Mandatory Measures Involving Citizens' Personal Rights," "Improving Mandatory Measures such as Sealing, Confiscation, and Freezing, and Procedures for Dealing with Property Involved in Cases," "Promoting Full Coverage of Criminal Case Lawyers' Defense and Guaranteeing Defense Lawyers' Practice Rights," "Establishing a System for Sealing Minor Crime Records," and "Other Issues Affecting Criminal Judicial Fairness. The meeting was presided over by Liu Jihua, a professor of Renmin University of China, and Chen Weidong, a professor of Renmin University of China Law School, delivered a speech. The topic of the first unit of the meeting is "Regarding the improvement of compulsory measures involving citizens' personal rights". Wei Xiaona, a professor at Renmin University of China, said that there was legislative dislocation in the current procedural mechanism of coercive measures in China, and the protection of the rights of the accused was seriously inadequate. The current criminal procedure law only gives the public security organ the right of review after the arrest has not been approved, but does not give the suspect the right of relief. We should learn from the appeal system of suspect in the relative non prosecution, and establish the appeal mechanism of suspect after the arrest has been approved. At the same time, in order to regulate the duration of detention review, the necessity review of detention should be included as a factor in the review of detention extension. Professor Guo Shuo from the Institute of Litigation Law at China University of Political Science and Law believes that China can learn from the legal provisions of the German Criminal Procedure Law on the upper limit of detention. The suspect must be released after being detained for a certain period of time, and can continue to be detained only with the permission of a higher judicial authority. Guo Bing, a second level senior prosecutor in the Case Management Office of the Supreme People's Procuratorate, believes that this round of amendments to the Criminal Procedure Law should focus on three relationships: first, the interaction between legislation and judiciary; Secondly, the relationship between law and human beings; Thirdly, the synergy between law and technology. Deepening technical management such as process monitoring and case quality assessment requires legislation to be refined. Zhang Wei, the Chief Prosecutor of Pinggu District People's Procuratorate in Beijing, put forward three suggestions regarding the connection between criminal jurisdiction and compulsory measures: firstly, improve the connection between the designated jurisdiction procedures, and advocate that public security, procuratorial and judicial organs simultaneously determine jurisdiction when designating jurisdiction; Secondly, strictly distinguish between the time limit for handling cases and the time limit for detention; Thirdly, establish a cohesive system of compulsory measures. Ai Jing, senior partner of Beijing Yingke Law Firm, suggested improving the legal norms for restricting outbound travel, clarifying the basic issues such as the scope of application, time limit, and relief procedures for restricting outbound travel. Professor Han Hongxing from the School of Law at North China University of Technology suggested standardizing the detention period standards, clearly distinguishing between compulsory measures after detention and the review and approval procedures, canceling the 37 day special period, and establishing a pre-trial detention system based on 14 days to eliminate legal conflicts and strengthen human rights protection. Chen Weidong proposed a reform direction: firstly, further optimize the standards for arrest review, make social danger the core indicator of arrest review, improve the detention hearing system, and strengthen the judicial review of the exercise of the procuratorate's power to approve arrests; Secondly, strictly limit the detention period, cancel the 37 day detention period for public security organs, and expand the proportion of bail applications; Thirdly, improve the system of compulsory measures. The topic of the second unit of the meeting is "Regarding the improvement of compulsory measures such as sealing, seizure, and freezing, as well as the disposal procedures for involved property". Professor Hu Ming from Guanghua Law School of Zhejiang University stated that in current judicial practice, the disposal of virtual currencies is relatively chaotic, which has led to significant procedural risks. In this round of amendments to the Criminal Procedure Law, a systematic and systematic disposal procedure should be established for virtual currencies, including seizure procedures, preservation procedures, advance disposal procedures, pre-trial return procedures, etc. Hu Zhifang, a professor at the School of Law and Public Administration of Hunan University of Science and Technology, believes that there is a problem of unclear concepts and confusion of types of disposal measures in the current process of handling property involved in the case. Taking recovery as an example, it should be positioned as a procedural control measure, distinguished from physical disposals such as confiscation and return, and clarified as a pre procedural function for the collection of property involved in the case. Dong Kun, a researcher at the Institute of Law of the Chinese Academy of Social Sciences, advocates for the separation of seizure, detention, and freezing from the investigation chapter to the general provisions and compulsory measures chapter, and the establishment of a judicial review mechanism approved by the procuratorial organs to curb the profit oriented law enforcement of "offshore fishing". Professor Li Wei from the Law School of Central University of Finance and Economics believes that the current round of amendments to the Criminal Procedure Law should include digital currencies and virtual assets in the scope of property involved in cases. At the same time, the procedural status of financial authorities in the execution process should be properly arranged, advocating the construction of a hierarchical disposal system for sealing, impounding, freezing, recovery, and compensation, and strengthening the systematic construction of the disposal procedures for involved property. Li Shumin, Director of the Social Science Department of the Chinese Social Sciences Magazine, stated that in addition to focusing on personal and property rights, this round of amendments to the Criminal Procedure Law also needs to respond to legal changes in the digital age and attach importance to the legal protection of other rights such as privacy. Wang Mengqi, a partner of Beijing Zhongheng Law Firm, put forward four suggestions for improving the disposal procedures of property involved in the case: firstly, to establish an independent property lawsuit procedure, advocating that the objection of property rights holders be used as the starting condition, and to establish a litigation structure different from personal lawsuits, allowing non parties to participate in property rights confirmation; Secondly, improve the mechanism for classifying and disposing of assets involved in cases, distinguish between illegal gains and legal property, explore the criteria for identifying "criminal lifestyles", and clarify the scope of asset recovery in cases of cracking down on organized crime and eliminating evil; Thirdly, innovate the implementation linkage mechanism, propose the establishment of an independent management agency for the involved property, promote the conversion of execution to bankruptcy procedures, and solve the problem of misalignment between return and recovery orders; Fourthly, strengthen procedural safeguards and propose the introduction of third-party institutions to manage compensation for victims in securities crimes and other cases, balancing the efficiency of recovery and the relief of rights. Chen Weidong believes that firstly, sealing, seizure, and freezing should be clearly defined as compulsory measures, and adjusted from the investigation chapter to the special chapter on compulsory measures, in order to reflect the top-level design of the Third Plenary Session of the 20th Central Committee of the Communist Party of China for the protection of property rights; Secondly, in terms of disposal procedures, a standardized and institutionalized full process procedure for the disposal of involved property should be established. The court should establish an independent procedure for the trial of involved property, clarify that the judgment document must specify the disposal method, strictly restrict the investigation organs from disposing of involved property before trial, and require that the public security organs must obtain approval from the same level procuratorate for the disposal of involved property; Thirdly, in terms of property management, the disposal income of the involved property must be uniformly handed over to the central finance, in order to eliminate the incentive for local law enforcement to pursue profits. The topic of the third unit of the meeting is "Promoting Full Coverage of Criminal Case Lawyer Defense and Safeguarding the Practicing Rights of Defense Lawyers". Wang Zhaofeng, director of Beijing Zhoutai Law Firm, believes that the low attendance rate of witnesses and insufficient evidence cross examination by the defense still lead to the situation of "diagnosing cases with illness". He suggests strengthening the adversarial function of the trial and improving the mechanism of mandatory witness attendance and evidence disclosure. Wen Kezhi, senior partner of Beijing Dongwei Law Firm, pointed out that there are both progress and shortcomings in the protection of lawyers' defense rights in current criminal proceedings. He advocates coordinating the protection of the right to defense with the modernization of criminal proceedings through measures such as improving the substantive nature of court trials and implementing full coverage of lawyers. Professor Wang Jing from the Law School of Qingdao University suggests that this round of law revision focuses on regulating the exercise of power during the investigation stage, clarifying the procedural illegality of disguised torture, and establishing a rigid guarantee mechanism for lawyers' right to meet. Chen Weidong said that the current round of amendments to the Criminal Procedure Law should focus on three aspects in the issue of protecting the right to defense: first, to deepen the promotion of full coverage of criminal defense, it can be considered that in the Criminal Procedure Law, if the suspect does not explicitly refuse to participate in the proceedings without a lawyer, it will constitute a major procedural violation; Secondly, clarify that entrusted defense takes priority over designated defense, and expand the litigation rights of duty lawyers; Thirdly, while strengthening the protection of the rights of defense lawyers, corresponding performance constraint mechanisms should be established. The topic of the fourth unit of the meeting is "Establishing a system for sealing minor criminal records". Cheng Lei, a professor at the Law School of Renmin University of China, pointed out that the sealing system of minor crime records needs to balance the sealing period and sealing effectiveness. He suggested that we should refer to the judicial practice of the sealing system of juvenile criminal records, explore a more scientific sealing period, and face up to the implementation difficulties of judicial authorities in the government system. Li Xunhu, a professor of the Law School of Renmin University of China, pointed out that there is a structural dilemma in the current means of criminal justice response in view of the high incidence of juvenile crime in some regions. He called for law amendment to focus on the rigid guarantee of procedures and innovation in crime governance, and stressed the need to be alert to the erosion of "judicial administration" on procedural justice. The topic of the fifth unit of the meeting is "Other issues affecting the fairness of criminal justice". Li Xuejun, a professor of Renmin University of China, focused on the practical dilemma of criminal coercive measures and evidence system, and proposed four suggestions for law amendment: first, standardize the application of residential surveillance in designated residence; Secondly, strengthen the legalization of digital investigation, emphasize the need to incorporate technology investigation methods such as big data and artificial intelligence into the framework of the Criminal Procedure Law, clarify the legality review rules for electronic data collection, and distinguish the procedural boundaries between "investigation technology" and "technical investigation"; Thirdly, reconstruct the system for reviewing the legality of evidence, advocating for the inclusion of privacy and data rights in the exclusion of illegal evidence, and improving the "fruit of the poisonous tree" rule in response to the changing forms of evidence in the digital age; Fourthly, optimize the connection between evidence types and procedures. It is recommended to clearly classify the "inspection report" as an appraisal opinion, establish a legal procedure for expert assistants to participate in evidence review, and resolve practical disputes such as missing detention records. Professor Li Bensen from the Institute of Litigation Law at China University of Political Science and Law proposed suggestions on the connection between the private economy promotion law and the amendment of the Criminal Procedure Law: firstly, strengthening the right to defense in criminal cases involving enterprises; The second is the application of detention measures in criminal cases involving enterprises. For cases involving enterprises, the principle of release on bail pending trial should be established, and the formal tendency to review the necessity of detention should be restricted. Hu Ming believes that the current round of amendments to the Criminal Procedure Law should establish the principle of proportionality and strengthen the protection of property rights and personal rights of private enterprises involved in the case. At the same time, establish a sound criminal jurisdiction objection and relief system to avoid judicial enforcement being biased towards profit. Li Fenfei, a professor of Renmin University of China Law School, pointed out that the criminal crimes committed by private enterprises have certain particularity compared with ordinary criminal crimes. Consider appropriately expanding the scope of conditional non prosecution, seeking a balance between punishing crimes and protecting the survival of enterprises, and avoiding the practical deviation of "frequent prosecution, conviction, and punishment". Professor Zheng Yinglong from Zhejiang University of Technology and Business stated that in promoting the reform of the litigation system centered on trial, it is necessary to properly allocate judicial responsibilities at different stages of litigation, ensure consistency in rights and responsibilities, clear allocation of responsibilities, and avoid responsibility shifting due to unclear allocation of judicial responsibilities. Chen Weidong emphasized that the current round of amendments to the Criminal Procedure Law still needs to pay attention to the following five aspects: firstly, strengthening the supervision of case filing, advocating that the withdrawal procedure be included in the scope of prosecutorial supervision, and establishing a system for filing cases to curb the abuse of power by public security organs; Secondly, reconstruct the principle of statutory jurisdiction, clarify that investigation, review, and prosecution jurisdiction must strictly correspond to judicial jurisdiction, and prohibit authorities without jurisdiction from handling cases, in order to solve the prominent problem of excessive designated jurisdiction; Thirdly, improve the system of pleading guilty and accepting punishment, establish a negotiation procedure between the prosecution and defense, allow lawyers to participate in the formation process of sentencing recommendations, and promote the adjustment of deterministic sentencing recommendations to range based sentencing recommendations;
Edit:Wang Shu Ying Responsible editor:Li Jie
Source:legaldaily.com.cn
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