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Neutralization Of The Judge In Chinese Criminal Procedure

Posted on:2006-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:W GuFull Text:PDF
GTID:2166360155963671Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
This thesis discusses the neutralization of the judge in the criminal procedure. The author expounds upon the meaning, foundation and history of the neutralization of the judge, the impact and cause of the judge's position in criminal court in China and designs the institution of criminal procedure on the base of the neutrality of the judge.Firstly, the meaning of the neutrality of the judge is that judge should not be involved in the case and be biased to the parts.Secondly, the foundation of the neutrality of the judge is that the constitutional principle of equality and open trial, the personal rights in citizen society, the procedure just, guarantee with efficiency and cost and the requirements of international criminal criterion.Thirdly, the author discusses the history of the neutralization of judge.Fourthly, the thesis discusses the impact and cause of the judge's station in criminal court in China. Judge in trail represents the government's benefits by law and stands by the prosecutor which brings the confusion of procedural structure to unfair to defendant. The causes of the judge's station in court are the background, tradition, aim of criminal procedure and the standard of proof etc.In the end the author designs the institution of criminal procedure on the base of the neutrality of the judge that includes the principle of judicial independence andtrail-centered, presumption of innocence, principle of judge by evidence and discretion, principle of single indictment in prosecution, the rules of evidence* opening evidence to parts before trial, separation prejudication and investigation judge from trial judge etc.
Keywords/Search Tags:the neutrality of the judge, judicial independence, presumption of innocence, trial-centered, discretion
PDF Full Text Request
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