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On The Realization Of The Procedural Fairness In The Criminal Procedure Of Our Country

Posted on:2007-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:L Q HuiFull Text:PDF
GTID:2166360185459263Subject:Marxist theory and ideological and political education
Abstract/Summary:PDF Full Text Request
Procedural fairness, as one of the fundamental values of human legal systems, has been always favored by Common law countries. However, in China, procedure and the values of Procedural fairness has not been concentrated. For a long time , People focus on if substantive law is applied correctly when they are determining whether a case is fair or not, while neglecting relatively Procedural fairness. This kind of situation is not change until 90 decade last century.As one of three judicial procedures, Criminal judicial procedure is concerned with national interests and personal benefit protection problem, so it will directly reflect the degree of our national progress, civilization, democracy and rule by law to decide whether it is fairness, perfect and science. The current Criminal procedural law of our country has gotten greater progress than that of 1979 about realizing the value of Procedural fairness. However, there are still some rules and the thoughts of light procedure in legislation of Criminal procedure. Therefore, it is imperative to make Criminal Procedural Fairness realized.Following this goal, this paper stands on the very characteristic in the criminal judicial proceedings of china , adopts the methods of value analysis and certificate analysis, based on the research results of former person for program fairness ,put forward the basic requirement concerning the Criminal procedural fairness of our country, Meanwhile, with the above standard this paper describes some major performances in current criminal procedure legislative and judicial practice as well as analyzes the reason of this kind of phenomenon. And on this basis, put forward corresponding solutions how to realize Criminal procedural fairness from Setting up the idea to principle of Procedural fairness, from Criminal procedural legislative improvement to judicial reform , from system improvement to people quality.
Keywords/Search Tags:Fairness, Procedural fairness, Criminal procedure, Judicial independence
PDF Full Text Request
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