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On Procedural Autonomy

Posted on:2017-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:R R ChengFull Text:PDF
GTID:2206330488497870Subject:Law
Abstract/Summary:PDF Full Text Request
Self-rule of procedure refers to in the process of lawsuit, judicial and the participation of relevant litigant act following legal procedure, the judges at judgment hour expel the outsider interference and obey the law and independently take up the case.The value of self-rule of procedure is in two aspects. One is helpful to make judicial fairness come into true; promote the trust of the public of the law. The other one is helpful to protect litigants the right to be heard.In the realization of self-rule of procedure our country has made a great progress, not only has basically established the principle of direct speech, built the institution of prohibiting leading cadres ask about or interfere in the lawsuits, but also strictly limited the scope of cases of the trial committee system, returned trial power to the collegial panel. But at the same time, self-rule of Procedure of our country still exist some problems, such as the principle of direct speech is not clearly established in law, the trial separation phenomenon still exists, leading cadres still ask about or interfere in the lawsuits and so on. In order to better achieve self-rule of procedure, our country needs to be improved from several aspects such as the constitution, the law, the judicial organization, the mechanism, the system and so on.
Keywords/Search Tags:Self-rule of procedure, judicial justice, the principle of direct speech, the trial committee system
PDF Full Text Request
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