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Constructing Judgment As The Center

Posted on:2016-06-14Degree:MasterType:Thesis
Country:ChinaCandidate:H H ZhangFull Text:PDF
GTID:2206330479986347Subject:Law
Abstract/Summary:PDF Full Text Request
Trial centered lawsuit system is generally accepted in modern legal states. Put trial into the center part of the litigation procedure can not only complies with the legal theory and the common way for all countries in the world, but also reflect the judicial credibility to prevent the errors. The opinion towards unity for the establishment of the trial centered lawsuit system. The trial centered lawsuit system reform was mentioned again as the convening of the eighteenth session of fourth plenary session.But in the juridical practice, investigation centralism and file centrism were existed. Such "centrism" is not conducive to the implementation and construction of the trial center. For such judicial status, this paper argues that the public security organs, procuratorial organs, courts, lawyers need to work together. Investigation stage should focus on implementing the rules of evidence, and statements on the prohibition of torture, but also to deal with the power to restrict the public security organs to prevent its excessive power. The prosecution phase should give full play to the supervisory role of the prosecution, the case file transfer mode can also try to indictment doctrine transition. Trial phase should focus on implementing the principle of direct language, ensuring attendance rate of witnesses; lawyers should also strengthen itself through its own efforts to achieve equality of prosecution. Through these reforms and the establishment of system construction, China’s relevant laws can also be adjusted and added to the trial in order to make it better able to pursue litigation system in our country.
Keywords/Search Tags:Trial Centered System, System Construction, legislative proposals
PDF Full Text Request
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