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Proof The Construction Of Pre-trial Criminal Justice System In China

Posted on:2011-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:T XiongFull Text:PDF
GTID:2166360305963360Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In scientific and rational criminal proceeding, judicial pre-trial proceedings plays an important role. Prosecution and trial proceedings act as a transition between the procedures. Judicial pre-trial criminal procedure is to ensure that the key to be fair and equitable.However, in our existing criminal prosecution, trial procedures and investigation, the only pre-trial investigation authority within the administrative, was judicial pre-trial proceedings long-term absence.This directly affected the outcome of the trial's fairness, but also showed measures of abuse, torture, illegal extended detention. Other important reasons for the phenomenon being repeated is because the judicial activities of the criminal prosecution has become an unilateral process. The human rights protection is not the barycenter.The internal organs of the pre-trial investigation procedure have little effect in practice. In view of this, reform the structure of China's criminal procedure. It is imperative that the criminal pre-trial procedures in China be structured.In this regard, the West has many successful systems and practices we can learn from. However, the judicial pre-trial proceedings structure should be taken into full consideration. Both their legal and cultural traditions and the actual operation. The Western system of pre-mature and is a much morereasonable form. More reasonable factors, than the Chinese characteristics, pre-trial criminal justice system.In the Construction of Chinese characteristics, pre-trial proceedings, should be basic as our criminal justice system and conducted within the framework. They are procuratorate and the public security organs. Court structure should be kept separate with independent exercise of their functions. Public security organs should be maintained in the pre-trial sector. However, the court should set a pre-institutional, pre-trial judge should preside matters. The Pre-trial judge would have a pre-trial investigation process which would apply to the prosecution, examination and supervision. In a pre-built system, the pre-trial judge is very important. It would distinguish between the formal pre-trial judge and the judgeA Pre-trial judge could intervene before a formal court trial judge, form the justice to prejudge. In addition, the pre-trial judge's legal supervision should also be Procuratorate, which is the scientific structure of checks and balances and stability...
Keywords/Search Tags:Judicial pre-trial, Chief pre-trial, Pre-Trial Judge
PDF Full Text Request
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