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A Study On The Pre - Trial Meeting System

Posted on:2015-06-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y D ZhangFull Text:PDF
GTID:2176330431978096Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
China’s "criminal law" the182nd paragraph second established the Criminal Court of China before meeting system. The system is one of the major reform measures achieve the goal of modernization, embodies the concept of the rule of law.The criminal pretrial conference restricts the program running, affects the whole procedure is efficient, fair, justice. Similarly, it is also the joint point between the former procedure and trial procedure, it promote the autonomy of the procedure, ensure the closed procedure. It effectively restricts the right of investigation and prosecution power operation arbitrariness. However, because of pretrial conference program is not independent of the program, is still the "edge" program, in the aid program status. As the program to survive in the two procedures in the crevice, in theory and in judicial practice has not caused widespread concern.The criminal pretrial conference should have the action properties in accordance with the application of the prosecution or defence by the court to review the decision by the court, efficient and fair trial for the value of unity, safeguard the legitimate rights and interests of defendants for the purpose, the three party meeting in the court structure to eliminate lag factors. However, China’s "Criminal Procedure Law" and relevant judicial interpretation only applicable to the case before the court session do a rough set, and operation position, the program functions, procedures and not to be refined. At present, the pretrial conference program is not independent of the program, in the criminal procedure is still located in the "auxiliary" program, marginalized. The provisions of such positioning, the pretrial conference function and procedure operation result is controversial in theory, but in practice it is difficult to operate effectively.According to the provisions of the various defects, from the related theory and combining with the judicial practice, by absorbing the relevant system in foreign countries, and the existing laws and regulations of analysis of the main problems of this system exists at present. Understanding of the program, to solve this conference system is a program, what exactly is a what kind of position in the whole procedure, to clear the pretrial conference program should have four functions, to study the mechanism of pretrial conference as the angle of view, put forward to perfect the mechanism of pretrial conference operation of the system as a whole. By summarizing the predecessors study, should be located in the pretrial conference independent program, and will refine the start mode for a meeting of the "application+examination", program participation should be added in, the prosecution of legal representative shall not be absent, personnel of course, on the structure of the whole program to notice from the links to the supervision.
Keywords/Search Tags:Procedure before court, Pretrial conference, The efficiency of lawsuit, Program running path
PDF Full Text Request
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