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Improvement Of The Way To Criminal Second Trial

Posted on:2013-12-26Degree:MasterType:Thesis
Country:ChinaCandidate:H Y ZhangFull Text:PDF
GTID:2246330371993144Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal second trial means the court of second instance trial methods and programs used in case of second instance. Criminal second trial with the criminal trial model intrinsically linked.The criminal trial mode to determine the criminal second trial. Common law countries the implementation of the adversary system of criminal justice model.Pursuit of the legitimacy of the judicial proceedings. Pay attention to the protection of the parties procedural rights.Thus most of country adopt the written hearing. Civil law countries to implement the terms of reference criminal trial mode Stressed substantive justice. Most of the cases of second instance trial.Advantages and disadvantages of written hearing and trial mode. A written hearing in a manner that reflect the target of litigation efficiency. But may affect the litigation results fair trial more conducive to a fair outcome of the proceedings.But at the expense of litigation efficiency.The Criminal Procedure Law has established the principle of trial.Investigate the inquiry(inquiry) asked the trial and written hearing criminal supplemented by the second trial.Reflects both the pursuit of the outcome of the trial justice and the pursuit of trial efficiency double-value targets.However in judicial practice the investigation inquiry asked the hearings and written proceedings in ways which can not effectively protect the litigation rights of the partied and affects the realization of substantive justice.By failing to fully mobilize the enthusiasm of the parties initiative functions and parties of the trial against the guidance on the outcome of the trial functions can not be fully realized.This thesis has four parts:The first part explained the meaning and characteristics of the criminal second trial.The second criminal trial to trial mode type.The second criminal trial to hear the way value orientation.The second part investigated the criminal of the two major countries in the second trial way.Introduces the common law countries.The united States as the representative of the written hearing.The hearing of the way France and Germany representatives of civil law countries.The second instance in two criminal hearing the way the advantages and disadvantages analysis.Pointed out that the foreign legislation to improve the criminal second instance adjudicated by reference.To introduce the provisions of the current code of criminal procedure on the second trial analysis of existing written hearing and by the main problems.The third part.Introduce the current Code of Criminal Procedure procedure provisions on the way of the second trial. analysis of existing written hearing and hearing by the main problems.The fourth part.From the explicit written hearing and hearing by the applicable conditions.Strengthen the supervision of the people’s procuratorate.To protect the litigation rights of the parties.To weaken the powers of trial judges.To improve the criminal second trial。...
Keywords/Search Tags:criminal proceeding, procedure of second instance, appeal, hearing theway, parties
PDF Full Text Request
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