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- On The Reform Of The Defense Of Criminal Proceedings, Of The Adversarial Litigation Model

Posted on:2009-06-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z YuFull Text:PDF
GTID:2206360272489061Subject:Law
Abstract/Summary:PDF Full Text Request
There are two basic litigant structures for modern criminal lawsuit: doctrine of adversary system and judicial duty, namely adversarial and non-confrontative model. The doctrine of judicial duty corresponds the non-confrontative model, which is characterized that it emphasizes the function and power of state organization, that is to say, ex officio doctrine of investigation that claims one-sided investigative right for state organ during the stage of investigation, and doctrine of justiceship that claims direct investigation and active judgment by a justice during the stage of judgment, both doctrines indicate a tendency of nationalism. On the contrary, doctrine of adversary system or adversarial model features that litigation confront by prosecution and defense and neutrality hearing of witness from the justice are taken as basic legal principle for judgment structure. It is characterized that both of litigation parties will be considered as litigant with equal legal position, and litigation will be proceeded in a manner of defence (i.e. litigation conflict), so as to find truth in a case and properly solve the point of dispute during litigation conflict. The criminal procedure law in 1996 in Chinas has used some experience from Great Britain and America for reference, so that the current criminal procedure law relatively features adversarial litigation. The attorney as an actor of adversarial litigation will be surely crucial. The aspects of early forming, establishment in the criminal field and current situation in China about the adversarial litigation will be analysed in this article. Therefore the role of attorney in the adversarial litigation can be studied to contribute my effort to improve our criminal litigation system..
Keywords/Search Tags:Proceedings,
PDF Full Text Request
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