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Research On The System Of Criminal Impeachment In Our Country

Posted on:2008-10-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y ShengFull Text:PDF
GTID:2166360218958160Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Impeachment is a basic part of the judicial identification, and the necessary procedure of court hearing. It is useful in helping judge cognize evidence correctly, ensuring the prosecutor and defender realize their litigation opinion, and driving the court debate going smoothly. The intention of impeachment is not only to provide a filterable setting for judge's cognizance, but to provide a chance for the defender to participate in the court hearing, show their evidence and disprove the opposite party's evidence. So, we can say that impeachment is necessary for finding the fact and maintaining justice. The essence of impeachment is questioning, ie oppugn and query the opposite party's evidence, having face-to-face oppositional character. So impeachment can only operate efficiently in the oppositional litigation structure. Unfortunately, our country's court hearing is weak in this, still holding much judge's inquiry in the process of impeachment which is dangerous for court impeachment. Besides, it's also very important whether the impeachment system is rational. In the aspect of law, the word of impeachment only appear in the items about evidence in 79 or 96 Criminal Procedure Law, as a important step of checking testimony. But the word doesn't present in the items of common trial procedure. There isn't regulation about how to run the impeachment process. It is the simple and roughness of regulation that results in the process lacking maneuverability. Although the judicatory explanation remedies the shortage of law to a certain extent, it still can't solve the difficulty in judiciary practice. Further more, the concerned institution of impeachment system is incomplete, as there is not a series of institution to ensure witness, experts appear in court. Therefore, researching the criminal impeachment system deeply has an important theories and realistic values.The writer thinks, to perfect the criminal impeachment system, we need change our current litigation structure firstly. We should weak the rode of juror's power and emphasize function of both parties. In china, the prosecutor and the criminal suspect should start impeachment and debate under the presidency of the juror. We should set up rational impeachment process. The writer thinks, we should lesson from the cross-examination in common laws system countries, and take it as the main mode of impeachment in our criminal court hearing. And we need consummate the impeachment rules further to enhance the maneuverability in practice. Finally, we should establish or perfect the concerned institutions which guarantee the impeachment operate effectively.
Keywords/Search Tags:Criminal impeachment, Impeachment process, Impeachment rules, Opposite between the prosecutor and defender, Cross-examination
PDF Full Text Request
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