The Shenjia This Code Of Criminal Procedure Research On Ideology

Shen Jiaben was a well-known jurist at the end of Qing-dynasty in our country. Although there has been many fruits of the research on Shen Jiaben's law thoughts in our legal circle recently ,scholars mainly concentrated on Shen Jiaben's thoughts on jurisprudence and criminal law ,and paid little attention to his thoughts on criminal procedure law ,let alone special and systematic studies .So I decided to take it as my master thesis topic .In this thesis ,there are six parts except preface ,aided to provide a reference for our today's criminal justice's reform by analyzing and evaluating Shen Jiaben's thoughts on criminal procedure law duly and objectively.Part one: Shen Jiaben's thoughts on basic principles of criminal procedure law .During the law reform at the end of Qing-dynasty , Shen Jiaben claimed for the independence of justice .He partly introduced direct and oral principle equal principle defense of lawyers principle trial in public principle of the west into our country.Part two: Shen Jiaben's thoughts on forming the police prosecution and professional judge systems.Part three: Shen Jiaben's thoughts on criminal trial system . Shen Jiaben argued that a comprehensive and complete trial system would be instructed .He suggested setting up four tiers of courts jury trial system and so on.Part four: Shen Jiaben's thoughts on criminal evidence law. Shen Jiaben firmly opposed tortures and stressed appearance in court to testify was an obligation of witnesses .He further specified the legal result of witnesses refusing to testify in court and set up the system on compensation to attending witnesses .He also finitely adopted the hearsay evidence rule of the common law system and the conviction intime of the civil law system .He bravely claimed the case could be decided without defendant's confession.Part five : Shen Jiaben's thoughts on the death penalty procedure law . Shen Jiaben contended that the death penalty procedure should be prudent , humane and civilized .He firmly asserted the review procedure of the death...