Good morning, ladies and gentlemen, honorable judges:
My name is XXX, from XXX.I esteem it a privilege to addre such a distinguished audience.Today my topic is The fulfillment of legal security .
At the beginning of my speech, I’d like to share a story with you.Tom and Ivan were on a trip, discuing the happiest thing they had ever met.Tom said he once encountered a burglary.He lost his money,jewelery and most of all,especially,a laptop which saved his precious draft.Finally, the things he lost were found by the policemen.This is the happiest experience in his life.And then, Ivan began to talk.One day, his family were about to have dinner, suddenly, two policemen broke into his house.“Ivan,you are arrested!”Ivan was scared and confused, crying with his family.That time,Ivan’s wife said charily:“There is another Ivan upstair.Is there any poibility that you take the wrong person?”After checking the identity card, the police said,“sorry for disturbing!The Ivan upstair is the right one we want.”
The story seems to be nonsense,but it declared a truth.We want a peaceful and harmonious life, we don’t want to be harmed by the criminal,nor the government.When people’s property and life be threatened ,they are eager to be effectively protected.We want the guilty be arrested as quickly from the unreasonable judgement, the random arrest and the wrong conviction，people require for restraining officials’ power intensely.We should set a strict procedure for arrest,indictment and conviction.We should also support the justice when the power is abused.
Apparently, there are two kinds of needs in our society .One is the public security, the other is the legal security.The public security protects us from criminal hurts and the legal security offers us a shelter for the arbitrary of public power.Since ancient times, legislators have paid more attention to public security rather than legal security.However, nowadays, people live in a peaceful world, relatively, pursuing more substantial rights.And legislators should convert traditional views into seeing policemen ,procurators ,judges as potential tortfeasors.
With the comprehensive discu of the criminal procedural draft ,the significance of the legal security has been paid more attention.The government will benefit from the new coming public power.Meanwhile, they should be well restrained.Otherwise, people will undertake more uncertain risks.The criminal procedural law is not a disciplinal law to administer people, but a paper written human rights, which protect people from arbitrary disturbance.
How can criminal procedural legislation satisfy the duple needs of efficient administration and civil rights? Sometimes a complex procedure may lead to miing the optimum chance to let the guilty to justice, which will unavoidably cause additional danger.Is there a contradiction that it can not content the both sides? I think the answer should be no.Officials work, aiming at putting the criminal in jail.Neverthele, the law is in the neutral station, as a arbiter.According to the principle of presumption of innocence, everyone is innocent before the conviction.Thus, it is of great eence to set inflexible procedures, protecting the appealable right, preventing potential excees.What if incompatibility exists, what can we do? Just abide by the current law, than to find the solution.The key to it lies in the technology of making criminal procedural law.The temporary incompatibility will be vanished, when the setting of proceeding becomes reasonable and convenient.It will make a balance between the public security and the legal security, and then gain appropriate egis for both of them Only in this way can civilians who have increasingly sufficient legal sense be satisfied.Only in this way can the society function well.
Thanks for listening !
