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On Perfecting The Two Reviews Final Trial System Of China Criminal Procedure

Posted on:2008-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:N LiFull Text:PDF
GTID:2166360272980548Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
System of criminal trial instance plays an important role in a country's judicial system. Whether the system of criminal trial instance be set up Scientifically and reasonably or not, this will directly influence the realization of judicial uniformity, justice, final judgement, and authoritativeness. However, our country's current two reviews final trial system neither adapt to the present development or the modern judicial request nor be able to sufficiently safeguard litigants' rights relief .All these problems gradually draw the attention of both the academic and judicial circles. This paper draws lessons from the research results on this aspect in the criminal justice process of our country while compares correlation stipulation of foreign criminal trial instance system .I try to reconstruct our country's criminal trial instance system both from the value idea and the theory support of foreign three reviews final trial system.This paper has four parts. They are as follows. Part one: First, introduce the established foundation of our country's two reviews final trial system, and then elaborate and reconsider the problems during the running of this system.. Part two: elaborating criminal trial instance system under the international vision. First, introduce the main criminal trial instance systems in countries' of the Continental and Anglo-American system. Then draw some conclusions by analyzing their characteristics. Meanwhile, elaborate the specific stipulation of defendant's rights relief in the Citizen Rights and Political Rights International Convention. .Part three: analyzing values of three reviews trial final system. First, introduce values of three reviews trial final system and argue its theory support.. Part four: setting up three reviews trial final system of Chinese characteristic. First, demonstrate that we should construct the three reviews trial final system of Chinese characteristic and propose the specific programs. redefine the functions of the four levels of courts and adjust their jurisdiction of criminal cases which is the necessary work when reform the trail instance system . describe the concrete structure of the three reviews final trial system and the special stipulation for death penalty case, link up the three reviews final trail system with relevant systems such as summary procedure and retrial procedure. There are also relevant legislative suggestions attached at the end of this paper.
Keywords/Search Tags:criminal trial instance system, two reviews final trial system, litigious idea, three reviews final trial system
PDF Full Text Request
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