On the Criminal Policy in the Criminal Procedure

Criminal judicial practice in China basically follows formal criminal policies and operations, which betrays the basic requirement of rule of law in the criminal procedure. To make the criminal policy reasonable is a fundamental impetus in the criminal procedure reform started from upper class to lower one, which is to realize rule of law in criminal procedure. Recently, studies are carried out even more on criminal policy, but for different value judgment and limited research field, those studies fail to make a deep and effective analysis on social facts, and do nothing good to the understanding of criminal judicial practice. This paper concludes that studies on policies in criminal procedure should be based on social thesis and makes an instructive illustration thereof.