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On The System Of Objection To Trial Jurisdiction Of Criminal Litigation

Posted on:2009-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y C LuoFull Text:PDF
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Under the effect of criminal legislation tradition and criminal policy of our country, there is the unique phenomenon that a vacancy place of system of objection to trial jurisdiction exists in Criminal Procedure Law. But, Chinese Criminal Procedure Law and actual judicial practices are not short of the soil for the system of objection to grow up: The frame of trial jurisdiction system in Criminal Procedure Law of our country currently in fact has reserved living space for the objection system, also a bud of administering the objection system had been conceived once in criminal actual judicial practice of our country.Value analysing part , measuring the significance of system of objection to trial jurisdiction under the fundamental value of law coordinate(s) of justice and efficiency, the naissance of objection system can not only enhance judiciary efficiency but also do help to the maintenance of the judiciary justice: Can embody and fulfill the litigation position of accused person, negative affects of"Public Opinion Tries"that may be weakened or shielded; Realize the real need of relieving the fuzziness between contradictious reality and the simple jurisdiction regulations , also dredge the pipeline of jurisdiction system and exert the jurisdiction function . The body part, comments that from the three aspects as character , key element and type of objection: Decides the concept of objection to trial jurisdiction newly revealing out the core of objection namely rationality and legitimacy;Suggest that the right of objection is one kind of procedure right to defense; From subjective key elements such as the objection body and subjective aspect and objectives such as objection object and objective aspect, carries out systematic key element analysis on objection; Sum up three kinds of basis types of objection based on the relationship of judicial authority and the jurisdiction, have discussed the concrete type of objection and their classification reality benefit. Under comparison method ken, compare and analyse the objection system of trial jurisdiction of the nations(Representative area) of Two Genealogy of law. Constitution analysing part , structuring our objection system under"Deraignment Balancing principle"as well as principle justice and efficiency; Suggest that the main frame objection system comprised of three big procedure: Starting Procedure, Treatment Procedure and Ensuring Procedure; After reviewing superior or inferior rank of legal action such as hearing mode, written trial mode ,and parenthesis litigation synthetically, ought to gather the conclusion hearing mode for Treatment procedure; From positive and negative two-way procedure carries out investigation and discussion on the Ensuring Procedure respectively; Have discussed the effect of new-built objection system impact on the system of withdrawal and trial jurisdiction simplify:Having extended function of the system of withdrawal, having facilitated the system of jurisdiction.Endue the accused person with the right of objection before the judicial procedure formally open, increasing the factor of antagonism between the accused person and the prosecutor, having handled the relation of government official power and civil right fairly good, have embodied the improvement of the safeguarding consciousness of human rights in our country, the great country moral character of the Criminal Procedure Law Code having been shown.
Keywords/Search Tags:objection to trial jurisdiction, objection character, objection element, objection type, objection procedure
PDF Full Text Request
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