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Criminal Trial Subjects Research

Posted on:2007-05-05Degree:DoctorType:Dissertation
Country:ChinaCandidate:J H YangFull Text:PDF
GTID:1116360185972613Subject:Code of Criminal Procedure
Abstract/Summary:PDF Full Text Request
The criminal trial object is the substantial face of the criminal trial procedure, it is the common object of all the subject. It is a important question of the criminal procedure, because it relates to the status and the relationship of the accuser, the defendant and the trial, and it shows how to administer the accusatorial principle and how to balance different benefits during the process .It is very important in the theory and experience to research this question.This article mainly researches this question from two faces, One is how to understand the criminal trial object from the substantial face of the criminal trial procedure, The other is how to process the criminal trial object. Different countries have different answers in these questions, So this article will find the answer of these questions through comparing and analyzing different countries' answers and by this criticize and reform the enact about the criminal trial object of our country.This article includes six chapters. Chapter One is the basic theory part of the criminal trial object .In this chapter, I will introduce the basic questions about the criminal trial object, such as the means of criminal trial object, the basic of theory, the nature .I will show that the means of criminal trial object is particular, it particularly means the substantial face, its basic of theory is the accusatorial principle, it is composed of defendant and accused fact, and during the trial procedure it must be identical.Chapter Two mainly introduces and compares two theories and their experiences about criminal trial object .The count theory deems that criminal trial object includes charged fact and its legal evaluation, it mainly is adapted by Anglo-American law system, but in the different country and during different history this theory has different understanding; The charged fact theory deems that criminal trial object only includes the charged fact, not includes its legal evaluation it mainly is adapted by Continental Law Legal system, but in the different country this theory has different understanding ; Japanese Law has adapted some features of two theory , it deems that the count is the instant trial object ,the charged fact is the potential trial object. Different theory about criminal trial object has different effect to find offence, defense the defendant and enhance the procedural efficiency, and the reason why different country adapt different theory about criminal trial object...
Keywords/Search Tags:Criminal
PDF Full Text Request
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