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Research On Criminal Preliminary Hearing Procedure

Posted on:2008-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:M CaoFull Text:PDF
GTID:2166360215477529Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Criminal preliminary hearing procedure occupies an important position in criminal proceedings, it's a bridge and tie to link between the pre-trial proceedings and the trial process. Criminal preliminary hearing procedure is requirement and the specific expression of fair proceedings and the efficiency of the proceedings in the criminal system design and operational, it reflects the proceedings of democratization, scientific process and the reasonable constraints to the state recourse, the proper protection to the rights of the accused. Taking a panoramic view of China's current criminal proceedings, there is no meaningful judicial review of criminal preliminary hearing procedure. The absent of meaningful judicial review of criminal preliminary hearing procedure in the Chinese Criminal Procedure Law, which caused substantial harm To the practice of criminal justice in China. For example, Judges can not make the necessary constraints to the right of suit before the case formally entered in the trial, preventing improper recourse is difficult, reducing the efficiency of the proceedings, a waste of resources to litigation, and so on. In consideration of the protection of human rights, legal restrictions on power and efficiency, I think it is necessary to establish our Criminal preliminary hearing procedure in the Chinese Criminal Procedure Law. This paper attempts to define criminal preliminary hearing procedure, explore the basic principles which it should follow, and the value, function of this procedure. Meanwhile, Aggregating criminal preliminary hearing procedure's operation mechanism, through Comparative study abroad Criminal preliminary hearing procedure, and proposing a reasonable design proposal about how to build our criminal preliminary hearing procedure.
Keywords/Search Tags:criminal preliminary hearing procedure, operating mechanism, evidence discovery
PDF Full Text Request
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