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On Judicial Review During The Procedure Of Criminal Investigation

Posted on:2007-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y W LiFull Text:PDF
GTID:2166360182485534Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Judicial review principle has become an international procedure principle, namely the court make the national peremptory power perform the active role. Checking the legality of national peremptory power is to protect the individual legal right avoiding the illegal invasion of national peremptory power. Criminal procedural judicial review refers to the review on illegal behavior according to procedure. It determines the realization degree of the purpose of criminal procedure directly, which is to protect human rights. However, at present, there are some phenomena which are against the judicial review principle in the law system, for example the lack of judicial power during the previous criminal procedure, no one pay attention to the procedural illegal behavior during the process of judgment. All these cause that the purpose of protecting right in criminal procedure can't realize completely. Basing on the analysis of basic theory, this paper will put much emphasis on the specific construct of the criminal procedural judicial review system and the system in chain.
Keywords/Search Tags:judicial review, due process principle, natural justice principle
PDF Full Text Request
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