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Newly-amended Criminal Procedure Law to take effect(2)

2012-12-31 08:31 Xinhua     Web Editor: Mo Hong'e comment

"A defendant may have really committed a crime, but unbiased treatment and full protection of their rights might still awake their conscience," Jiang said.

After the law was amended in March this year, the SPC, the Supreme People's Procuratorate and the Ministry of Public Security all have released even more detailed rules to guide their inferior departments' work in line with the spirit.

"By strictly following the amended criminal procedure law, police departments will shift its focus from 'cracking cases by seizing suspects' to 'solving cases based on evidence,'" said Sun Maoli, head of the legal system bureau under the ministry.

In the revised law, it is written that no one should be forced to prove their own guiltiness, together with provisions on how to rule out evidence collected through illegal means.

It also offers protection for minors by stipulating that the criminal records of those receiving jail terms of below five years for crimes committed when they haven't reached 18 years old should be kept inaccessible to any groups or individuals -- expect for the use of judicial organs in handling a case.

Along with the Criminal Procedure Law, the Civil Procedure Law that was newly amended to further streamline the way civil disputes are dealt with and promote social stability and harmony will also take effect on Jan, 1 next year.

According to the amendment, agencies or organizations determined by law can bring litigation against those whose acts undermine public welfare by polluting or infringing on consumers' interests -- an addition many experts believe signals a major step forward in creating a public interest litigation system in China.

In a move to curb malicious lawsuits, the law allows third parties to appeal court decisions if they have evidence that the court's verdict, ruling or mediation has violated their rights and interests.

In addition, the revised law gives grassroots courts permission to make a final judgment for first instance trials concerning civil claims for an amount of money equivalent to or below 30 percent of the average annual salary in the province where the case takes place.

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