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On Judicial Control Of The Pretrial Procedure

Posted on:2007-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:F C HuFull Text:PDF
GTID:2166360182985729Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The criminal procedure concerns with the public right during running,and it may invade the citizen right through it is abused if we have no necessary proredure protection of it.Our control system on pretrial proceudure on the base of state prosecution has many shortcomings duing practice because of vital mistake.For regulating the operation of investigation right and state legal proceedings right and protecting the right to the defendant,we need consult the experiments of the pretrial judicial control system and its operation from the westen coutries,through overlooking inner right of the pretrial judicial system,so we may design the our pretrial judicial system on the microscopic constructure.The whole atrticle consists of five parts:The first part analyzes the judicial control system depending on the theory fountain on the base of the characterstics and function from the exploreing to the main western coutries .The second part argues that it is important and necessary on the edge of the main problem lying in our existing pretrial procedure.The third part must resolve which department in charge of the judicial control function in now sysytem,for this we analyze paradox and default existing presecute sysytem ,at the same time we conclude the outline on the gound that court not presecute department must be responsibily of the pretrial contarol.The fouth part analyzes object and running precedure by the judicial control furthes then before,ingcluding judicial control on the investigation and the right to the public prosecution,what is more,we argue that the judicial control on the getting testimony by the defence counsel.The fifth part makes necessary further description on the criticl problem concerning the pretrail judicial control system ,for example,the norm of the excluding illegal testimony and the position fo the court and relation between the police and presecute department.
Keywords/Search Tags:the pretrial procedure, judicial control, investigation, public prosecution
PDF Full Text Request
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