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On The Open Criminal Trial

Posted on:2004-09-20Degree:MasterType:Thesis
Country:ChinaCandidate:F Y HuangFull Text:PDF
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From the view of criminal justice, this article comprehensively introduce the history of the principle of open trial and the legislative survey that modern countries carry out this principle, and the United Nations' regulations on building the international standard of open trial. It point out that theoretical basis of open trial lies in the democratic justice,the inherent judicial system requirement and the need for protecting the human rights. The value of open trial is that it create the condition of social supervision and make contribution to the justice of trial procedure and judgment.To understand the principle of open trial, we should examine from its general requirement and fundamental content. The general requirement include the open to the party and the society, but the fundamental content means the open of trial procedure and trial decision. The open of trial procedure means the open from placing a case on file to the end of court debate and the open court proceedings is the key factor, but the open trial decision include the open declaration,open judge document and open judgment reasons through which realize open proceedings.The trial should not be open when the open trial could endanger the public interests or the citizen's fundamental human rights, or out from the need of protecting some judicial interests or the independent justice. At the same time, this article analyze the exception from open trial.Considering the legislative and judicial situation of our criminal justice, the article argue the problem of legislature and practice about how to realize the principle of open trial, and present many advices after examine reasons: It's important to legally build and improvesome laws and procedure rules to create conditions and system circumstance for realizing open trial; It's key to realize that certify evidence on the spot,judge on the spot. At last the article put forwards the suggestion that, except of the short case, all cases should be tried two times.
Keywords/Search Tags:criminal justice, open trial, Procedure, certify evidence on the spot
PDF Full Text Request
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