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Study On Criminal Discovery System

Posted on:2007-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
GTID:2166360212477576Subject:Law
Abstract/Summary:PDF Full Text Request
Discovery is an important system of criminal procedure .As the system of criminal trial in China is being changed from inquisitional into adversary; to construct discovery system has become an urgent problem to be solved. To consummate China criminal discovery system, the author studies theories and practice relating to discovery.This article consists of five parts.The first chapter of this article is mainly concerned with the meaning of discovery and the definition of criminal discovery. And discusses the legal characteristic, the classification and the development of criminal discovery.The second chapter of this article explores the value basis of criminal discovery system. It points that discovery mainly reflects the fair value; efficient value and the human rights safeguard value. At the same time, introduces four main contentions which follow the development of criminal discovery.The third chapter of this article introduces and analyzes American, English, and Japan's criminal discovery system.The fourth chapter of this article explores the present situation of criminal discovery in China criminal procedure. And Points out that our country hasn't establish criminal discovery system to get with adversary system in the strict significance. To retort opposition view of the law academic circle in our country, the author also discusses the practical significance of constructing the criminal discovery system in our country.The fifth chapter of this article explores how to construct criminal discovery system in our country. It's the emphasis of s this article.
Keywords/Search Tags:criminal procedure, discovery, adversary system
PDF Full Text Request
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