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Two Prosecution Phase Of The Judicial Review System Comparison And Reference

Posted on:2008-10-19Degree:MasterType:Thesis
Country:ChinaCandidate:H Y JiangFull Text:PDF
GTID:2206360215954411Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The process of a criminal suit entails mainly three parts: charge, the defense and the referee, which form the main body on the three lawsuits stages: the criminal prosecution detection, the prosecution, and places on trial. In the overseas Law of Criminal Procedure, it is common to establish a judicial examination system before the sue case, and a neutral judge, together with the lawyer representing the criminal to investigate into the criminal's case. In this way, the power of both sides will be balanced. What's more, in this process, the integral lawsuit structure made of charge, the defense and the referee comes into being. There's much in common of the prosecution stage judicial examination system in England, US, France, and Italy, which involves control or the surveillance of jurisdiction over the male right of suit. But simultaneously because of the different lawsuit pattern, it demonstrates two kinds of prosecution stage judicial examination system. In the mainland legal system, its authority principle lawsuit pattern causes the prosecution stage judicial examination system to demonstrate the characteristic of question, secret, as well as prejudges in the judicial examination process of the case. While in the British and American legal system, its litigant principle lawsuit pattern results in its transparency, the antagonism as well as remove in the judicial examination process of the prosecution stage judicial examination system. Through the analysis of the prosecution stage system in our country, our country examination prosecution procedure basically according to the administrative way movement, lacks the basic lawsuit characteristic, lacks the referee side in the criminal prosecution structure main body question, the prosecution stage has lacked the debating bilateral judicial judge. Therefore, to satisfy the basis criminal prosecution theory, our country needs to input the neutral judicial system independent of the bilateral judicial organ at criminal prosecution stage. To prevent prejudge, this kind of judicial examination judge should be separated from the trial court judge, andthe country should establish the special examining court.
Keywords/Search Tags:authority principle, litigant principle, judicature examination, preliminary hearing
PDF Full Text Request
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