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On The Central Committee Of The Criminal Procedure In China

Posted on:2016-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:S C ZhouFull Text:PDF
GTID:2206330479992095Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In recent years,by studying judicial practice and China’s criminal legislation,emphasis on criminal procedure in the tribunal judicial centralism on the low level,for example,the procedure are not standardized,the provisions are too principle to enforce,resulting in a witness not to testify or to refuse to testify and a serious impediment to the smooth functioning of the procedure.From the view of tribunal judicial centralism,we research the principle of Trial centered criminal procedure and its legal effects.The reform of investigative pattern under the tribunal judicial centralism controlling,follows judgment centralism,the resulting product of adversary system,guarantees the materializing of court trials,and realizes the speech,directness and antagonism of court trials,so as to ensure justice.Research the indictment-only doctrine in criminal procedure of Japan,the most striking ting about this system is excluding prejudge.The system is far from complete,the legislature revise and improve relevant provisions of the important laws.The judge presiding over pretrial conference doesn’t with the same person with the trial judge.This article is divided into a total of four chapters,first introduced the concept and necessity of the criminal proceedings, second to analyze on the Court-Hearing formalization,then attract my attention to the foreign national witness tribunal,combined with China’s actual conditions proposed improvements.
Keywords/Search Tags:Criminal procedure, Tribunal judicial centralism, The judgment centralism, The open evidence
PDF Full Text Request
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