| The rotation phenomenon in the criminal proceedings is the factual description of the relevant provisions of the Criminal Procedure Law and its application in practice by the criminal law field and judicial practice. Although the rotary phenomenon give remedy to the procedural lack and substantive lack and achieve procedural justice and substantive justice, it bring some problem at the same time. Despite the current concerns of this phenomenon by the academic and research gradually increased, but the overall inadequate is very clear, especially in the systematic and empirical research respects. We believe that using the empirical research methods on the base of system theory and examine the type of procedure rotary is very meaningful. It will be very helpful to the law reform and the human rights. This article introduces and analysis the criminal procedure rotation system with six sections The Introduction explains the main study object, status and the corresponding theoretical results in order to lead the breakthrough point and importance of this study.The first part describes the basic theory of this paper, and mainly clarifies the concept,classification and the value of criminal procedure. It is very important to understand the object and study different types of phenomenon.The second part mainly includes the study of the existing substantive law. It includes the domestic legislation and the foreign legislation and is very helpful to the study of criminal procedure rotationThe third part deepens the understanding of the procedure rotation by studying the data of some additional empirical investigation and achieve the reasons and features of the rotation.The fourth part of the study analyzes the problems and reason of procedure rotation. It includes the the substantive law and theoretical study. The fifth part puts forward a series of solution paths about the unusual phenomenon and it is very meaningfulThe last part responds to the problem that put forth in the introduction part... |
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