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Research On The Basic Problems Of The Criminal Suit Subject

Posted on:2005-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:X B WangFull Text:PDF
GTID:2156360122999557Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The criminal suit subject is a basic category in the theoretical system oflaw science of the criminal suit. The theory about the criminal suit subject,like the criminal suit purpose and the criminal suit construction, belongs tothe basic part of law science of the criminal suit. Say from general philosophy meaning, the criminal suit is the activity ofa kind of social work. There are practice activities that there must be thesubject. The criminal suit subject is the office or the individual that hasindependent lawsuit personality, bears the basic lawsuit function, plays aleading role in the criminal suit, thus drives the criminal suit to go on. Thecriminal suit subject possesses the general entity that main body has. At thesame time, it has one's own characteristics that the criminal suit subject isdifferent from the general subject. The theory formed by research object with the criminal suit subject, isthe criminal suit subject theory that we say. The subject theory of criminalsuit is launched around the criminal suit subject, announces the basic attributeof the criminal suit subject, proves criminal suit subject role born amongcriminal suit, describes the behavior characteristics of the criminal suitsubject, and probe into the law about the criminal suit subject. Law science of criminal suit has one's own concept system too. In theconcept system, the concepts of law science of criminal suit connect oneanother and unify organically. When we discuss the criminal suit subject, wemust put it in the concept system of law science of criminal suit, anddistinguish the relation in relevant concepts, such as it, the criminal suitobject, the criminal suit's subject of legal relation, the party and theidentification subject etc. So we can understand its meaning on the deeplyaspect. The criminal suit subject leads the process of criminal suit, however, indifferent historical periods or under different criminal suit systems of thesame historical period, the criminal suit subjects that can lead criminal suitare different 43In human history, the impeaching type lawsuit of slavery period is theearliest lawsuit mode. Under the impeaching type lawsuit, the plaintiff people,the defendant and the judge bear separately accusing function, pleadingfunction and trial function, so they are criminal suit subjects of theimpeaching type lawsuit. The inquisitory procedure results from the period ofautocratic monarchy of Rome and is the main lawsuit mode of the feudalautocratic period. Under the inquisitory procedure, the judge collects thefunctions of accusing and trial in a body and is the only subject of criminalsuit. The defendant is the target of extorting a confession by torture, and donot have status of the lawsuit subject. Under the historical background, thejurists have put forward the concept of the lawsuit subject. The subject theoryof the lawsuit has mounted the historical stage. The modern western capitalistcountry adopt the argueing type lawsuit generally. The accusing, the pleadingand the judging are the subjects of the lawsuit. However, the concrete rangeof criminal suit subjects, which the various countries defines according toone's own special circumstances, has nothing in common with each other. There is some similarities in our country's ancient criminal suit systemand European inquisitory procedure in Middle Ages, that is, defendants donot enjoy the subject status of lawsuit, and the judicial government official isthe lawsuit subject in the lawsuit. The modern criminal suit of our countryresults from the reforming system in latter stage of Qing Dynasty. Accordingto its lawsuit system and lawsuit principles established, what continued to useis a functions and powers doctrine mode of law systems in the continentbasically. It is in subject status during criminal suit to try the yamen, theplaintiff and the defendant. Last half a leaf of the 20th...
Keywords/Search Tags:Research
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