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A Study On The System Of Criminal Pre - Trial Meeting In China

Posted on:2016-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:P YuFull Text:PDF
GTID:2206330479492091Subject:Procedural Law
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The pretrial procedure of new criminal procedural law was made a new regulation, and this regulation basically formed the system named pretrial meeting of our country’s criminal procedure law.Through the establishment of pretrial meeting system, it was added a new content to the criminal procedure law and provided the prosecuting and defending parties in the platform of contact before the formal trial. In the meeting, the judge could listen to both sides, and focus to solve problems such as avoidance, illegal evidence exclusion and so on. It is of great significance to ensure the smooth convening of the trial. However, as a new system, pretrial meeting system is still in the initial stage and many of its contents are not complete. For a lot of problems, the new "criminal procedural law" only made the provisions of the framework, many details of implementation also has yet to scrutiny. In addition, the academia study fully the legal basis of pretrial meeting, and they have a controversy about theories and practice or other things of pretrial meeting.According to the content of the new "criminal procedural law", the Supreme People’s Court "interpretation" and the supreme People’s Procuratorate “criminal procedural law rules(trial)", and Referencing to other scholars’ point of views, the author give a definition to pretrial meeting system. In addition, the author also gives a brief overview of the establishment of the background of pretrial meeting. The criminal procedure law in 1979 was amended in 1996. Undergoing many changes, the establishment of pretrial meeting must have its internal reasons. By introducing the background, the author can profoundly reflect the relationship between the setting up of pretrial meeting and the judicial practices. Later, the author will arrange current controversies about this system of scholars. The author will categorically expound the point of debate and put forward her own views and opinions. At the same time, the author will dialectically analyze the reason and source of her ideas and demonstrate in detail the intentions of the idea. Under the existing prototype, the author tries to make a further discussion about this meeting, and embody the problem, striving to truly propulsion the system applicable in practice. Finally, for the vulnerability of the system, the author hopes to theoretically put forward the methods. The author also hopes that through her own efforts to effectively promote system. And she strives to provide reference for its further development and the feasibility.
Keywords/Search Tags:Criminal procedure law, pretrial meeting, pretrial procedure
PDF Full Text Request
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