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Research On The Pretrial Preparation Procedure Of Criminal Cases

Posted on:2012-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:W R QiaoFull Text:PDF
GTID:2166330338959353Subject:Criminal Procedure Law
Abstract/Summary:PDF Full Text Request
The pretrial preparation procedure of criminal cases is a procedure that prepares for the holding of court trial,it is a crucial stage which safeguards the hearing carrying on smoothly,and it takes great significance to the enhancement of justice and efficiency of the trial. Our country in 1996 Law of Criminal Procedure revised, in the certain extent has introduced the adversary hearing way, but because has neglected the related coordinated sets of measures, caused the anticipated reform goal not to realize.The research and the reform of the pretrial preparation procedure,is an important part of the trial way reform,is helpful to making the trial procedure scientific and consummate,and is helpful to solving the problems in the trial practice.The main body of this article divides into four parts,altogether more than30,000 characters.The first part researches the implication of the pretrial preparation procedure of criminal cases and the significance of the establishment of it.The pretrial preparation procedure has a broad meaning and a narrow meaning according to whether contains the public prosecution reviewing procedure, what this article studies is the narrow meaning,which refers to the lawsuit activity of pretrial preparation taked by the court,the procuratorial agency,the accused person and the lawyer,for the hearing carrying on correctly and smoothly,after the court decides to carry on the full court,before the court trial holds,as well as the lawsuit relationships produces from this.The complete pretrial preparation procedure takes great significance to the enhancement of trial justice,trial efficiency,and the safeguard of the accused person's lawsuit right.The second part researches the pretrial preparation procedure of criminal cases of the overseas. This part through inspects Britain,the US,France,Germany,Japan several judicial processes to be more complete, and the model country,discovers that the world major countries set up the complete pretrial preparation procedure generally.Although the two legal system country's pretrial preparation procedure presents different characteristic,but have many same places:the basic goal lies in safeguarding the trial carry on with centralism, smooth,and highly effective,and realizing the trial justice and efficiency;includes the same concrete preparation item:the activities of safeguarding the hearing carry on smoothly,the learning of the evidence,the preservation of the evidence,the evidential investigation,the elimination of illegal evidence,the reorganization of evidence and the points of contention,the replies of the accused person and the case diverges;the trend of development presents the characteristic of more consummate and more meticulous.The third part researches the pretrial preparation procedure of criminal cases of our country.From the present legislation of the pretrial preparation procedure of our country,this article points out that the stipulation of our country is too simple,and mainly limits to the activities of the court to convene the court,but doesn't give enough attention to the litigant's procedure participation and the lawsuit right safeguard,and in the preparation item the replies of the accused person,the reorganization of the evidence,the explicit points of contention,the preservation of the evidence,the elimination of illegal evidence,the disclosure of the evidence and so on,are not stipulated.This kind of pretrial preparation procedure with so much flaw has a series of negative influences in the judicial practice:cut down the hearing efficiency;the hearing antagonism is not enough,the adversary trial way carries out with difficulty;the hearing still becomes a mere formality, hearing substantializing realizes with difficulty.The fourth part puts forward the proposal of how to consummate the pretrial preparation procedure of criminal cases of our country.Consummating the pretrial preparation procedure of our country is the inevitable request of further deepening the criminal hearing way reform,is the urgent need to solve the difficult problems the criminal trial practice faced with at present.The construction of pretrial preparation procedure must insist certain principle and criterion,including:the principle of safeguarding the trial carry on with centralism;the principle of eliminating judge prejudges;the principle of procedure participation.The actual content of the pretrial preparation procedure of criminal cases of our country shoud include:the disclosure of the evidence which safeguard both sides learn about the evidence before the hearing, the evidence will not be show and use in the court without fulfilling the responsibility of disclosure;the preservation of the evidence, the preserved testimony will not be restraint by the hearsay evidence rule in court;the elimination of illegal evidence,the evidence ruled to be eliminated by the judge in the pretrial preparation procedure will not be allowed to propose in court;the replies of the accused person,if the accused person makes the guilty reply,the simple procedure or the simplification procedure of the ordinary procedure will be chosed,if makes the innocent reply,the ordinary trial procedure will be chosed;the conference before trial hearing,the reorganization of the evidence and the points of contention, making the prosecution potency scope clear as well as whether there is essential change of indictment charge;informs the collegiate bench component members and the withdrawal by petition right promptly;consummates the procedure of determining the holding court date; consummates the right of investigation and collection of the evidence and the right of request for investigation and collection of the defense;the combination and the seperation of litigations. The highly specialized and technologized pretrial preparation procedure is not able to leave attorney's participation,but criminal case's attorney defends rate in our country is low,so it shoud consummate the lawyer's lawsuit right,consummate the system of lawyer assignate and so on to make the lawyer's participation positive.In the pretrial preparation procedure,there is intervention on the hearing judge in how to judge by the public prosecutor,all levels of politics and law committees and the higher authority People's court, harmed the judicature the justice of trial,this request the promotion of jurisdiction independence and restructuring the relation of the public prosecution department and the court to realize judge neutrality and trial justice.
Keywords/Search Tags:Pretrial Preparation Procedure of Criminal Cases, Criminal Trial, Justice, Efficiency, Lawsuit Right
PDF Full Text Request
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