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Reserch On Criminal Procedure For Trial Supervision Trial Supervision

Posted on:2010-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:T H ZhangFull Text:PDF
GTID:2166360278976247Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Criminal procedure for trial supervision is a retrial procedure which is executed by court aim at those wrong legal determinations and orders, and has a special kind of function—the error-correcting ability for judicial relief. It is a very important guideline to measure whether the criminal system is advanced or not,and important to maintain justice and protect legitimate rights and interests of the accused. However, due to various defects in academic study and system design, it is very hard to play the effective role in the course of the judicial process. The conduct ,which the court can monitor the procedure on its own , is bad to the parties. There exist serious problems, such as jurisdiction confusion , the uncertainty of reasons and so on. We hope the rights of the parties can be protected by improving criminal procedures for trial supervision . Therefore, being a litigation law graduate, I have chosen to research trial supervision procedure ,and hope that I can contribute something to entire research process of justice supervision procedures.It is necessary for us to understand the history of the legal system in order to have an in-depth research. In this paper ,the author briefly expounded the concept, characters and the history of the criminal procedure for trial supervision. Meanwhile I explored the theoretical foundation of criminal justice supervision procedures for achieving a holistic understanding about the trial supervision procedures. Then the author competed our criminal justice supervision procedures with the foreign criminal retrial , through mading a very carefully study to find out some answers which are enlighten and valuable for reforming and perfecting our criminal procedure for trial supervision . Finally, the author made a deep reflection from the guiding ideology,the filing of the justice supervision procedures instituted and the jurisdiction . The author brings forward a concrete idea on improving China's trial supervision procedures in the guiding ideology,the main filed, the jurisdiction of the trial-specific by learning from the results of research on Chinese and foreign . Based on the principles of seeking truth from facts,the author have done a lot for the point that we should not cancel the criminal justice supervision procedure and make a research on the trial of third instance on critical angle. The criminal procedure for trial supervision is very important to protect human rights and maintain the authority of the law.
Keywords/Search Tags:Criminal procedure for trial supervision, Determinations, Retrial, Domination
PDF Full Text Request
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