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Start The Process Of Criminal Justice Identification

Posted on:2011-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:M XuFull Text:PDF
GTID:2166330332964360Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the rapid development of the modern science and technology,crime has gradually developed and evolved, which towards the direction of the technology and intelligent. In more and more criminal cases field, whether investigators ,prosecutors or judges, they all need to expand their cognitive ability with the identification of the criminal justice ,to identify with facts of the case. The use of the identification of the criminal justice is more and more improtant in all the stages of criminal proceedings. Evidence of relevant conclusions has gradually bacame the generation of"King of the evidence". However, in practice, because of our in-depth judicial reform ,judicial expertise system has expaosed many shortcomings and defects, which has bacame the major bottleneck ,that restricting the justice and the identification of the criminal justice, start program is a worth concerning and researching, mainly study the identification of the criminal justice form four asprects.Addition to the introduction, the text is divided into four parts: In part one, theoretical basis of the identification of the criminal justice. Section one, which illustating the concept, feature and start right of the identification of the criminal justice. Section two, that mainly investigating the two topical mode of the world, and analysising the reason of difference and the trends of these two topical mode. In part two , through the list, analysis of the criminal laws and regulations of the investigation, prosecution, adjudication and the three organs of the criminal justice authority to initiate and provides, further analysis of the activation process of criminal justice identification of the main problems. In part three, described in section one start the process of criminal justice identification of guiding principles: the principles and procedures involved in prosecuting and defending the principles of equality. Based on this, proposed improving the criminal justice process identified a variety of programs and start the most appropriate program of China's national conditions. In the final section, I try to make perfect in all respects to start the process of criminal justice identification of specific recommendations. The main contents include: different stages of criminal proceedings on the power to initiate and carry out rational allocation; propose to give the prosecutor and the accused the same right to apply for the initial identification, in the case of public prosecution the right to a reasonable start configuration, reasonable regulatory system restarts, to prevent abuse of rights. Purports to identify China's criminal justice program can start to realize the true meaning of substantive justice, procedural fairness and efficiency of the litigation value.I will focus on several aspects of the above identification of criminal justice procedures to inspect and study start and put forward a number of improving the criminal justice programs and identify recommendations to commence proceedings. Today introduced the world's two major start mode: judicial startup mode and start mode the parties, but these two models are the judicial practice of China not compatible. Identification of the Chinese criminal justice reform must start the process based on China's national conditions and legal status, through the study of traditional Chinese legal culture and judicial system, learn from foreign advanced start mode in essence, improve our criminal justice identification of activation.
Keywords/Search Tags:Start the process of criminal justice identification, Prosecution and the defense, Program participation
PDF Full Text Request
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