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备受关注的《刑事诉讼法修正案(草案)》及草案说明,于2011年8月30日在中国人大网全文公布,并向社会公开征集意见。这部于2004年-即动议修正的法律,因涉及到公检法等机关的权力再分配,以及各方利益难以摆平,修法工作曾几度停顿。但现行刑诉法却因其存在重实体而轻程序、非法证据难以排除,侦查部门权力强大、法院独立性不够,律师权利难以落实等诸多弊端,备受业界诟病。草案说明显示,此次修法共涉及条文99务,拟将刑诉法从原
Concerned “Criminal Procedure Law Amendment (draft)” and draft instructions, on August 30, 2011 in the full text of the network of People’s Congress announced, and to the public for comments. This law, amending the amendment in 2004, has been suspended several times because of the redistribution of power involving organs such as the Public Security Bureau and other parties and the balance of interests of all parties. However, the existing criminal procedure law has been criticized by the industry because of the fact that its substantive and light procedure exists, the illegal evidence is difficult to rule out, the power of the investigation department is strong, the independence of the court is not enough and the lawyer’s rights are difficult to be implemented. The draft explanation shows that this revision involves a total of 99 articles and proposes that the Criminal Procedure Law be replaced from the original