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Theory With Chinese Characteristics And The Construction Of The Pre-trial Procedures

Posted on:2009-09-14Degree:MasterType:Thesis
Country:ChinaCandidate:Z L WenFull Text:PDF
GTID:2206360248954395Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
A scientific and rational criminal procedure should include the prosecution procedure, preliminary hearing procedure and trial procedure, and preliminary hearing procedure is the transition process of trial procedures and prosecution procedure. And it is a very indispensable procedure. However,there is no preliminary hearing procedure in our criminal procedure law, the absent of preliminary hearing procedure affects the trial results, and leads to the "extended custody","extortion of confessions by torture" "arbitrary application of coercive measures", "illegal evidence," and "abuse of the right to prosecute" ,"arbitrary disposal" .The occurrence of the phenomenon,there are so these problems, because of this of the "assembly" of the pre-trial criminal procedure, and the preliminary hearing procedure unilateral nature of impunity, and the lack of preliminary hearing procedure . Based on this fact, we need to adjust the structure of China's criminal procedure, that is constructing Chinese characters for preliminary hearing procedure. However, the construction of preliminary hearing procedure don't simple copy the practice the western. It must base on the China's judicial practice, and its cultural backgrounds, When constructing the preliminary hearing procedure,we should add"Chinese characters".When constructing Chinese characters' preliminary hearing procedure in the pre-trial criminal procedure, we should grasp China's criminal justice system and the two preconditions to ensure that the procuratorate and police organs is still separate, at the same time reserving their functions. adding to tow departments of pre-trial procuratorate and pre-trial judge. First, the pre-trial prosecution procedure is based on People's Procuratorate judiciary, the pre-trial prosecutors control the investigation of the public security organsl. Second, Chinese characters' preliminary hearing procedure is to seized on the basis of the relationship of the separation of the police and procuratorate . if not, Chinese characters' preliminary hearing procedure will not be able to set up.When constructing Chinese characters' preliminary hearing procedure, we will category the main of investigations: the public security organs as a category, a prosecution pre-trial model; People's Procuratorate, a pre-trial judge's pre-trial mode; the private prosecution case file for a pre-trial judge in the pre-trial mode, this is the third.
Keywords/Search Tags:Preliminary hearing procedure, Judicial review, Detection control, Pre-trial prosecutors, Pre-trial judge
PDF Full Text Request
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