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On The Public Prosecution Cases In Our Country The Pretrial Review Procedure Improvement

Posted on:2013-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z X WangFull Text:PDF
GTID:2246330395969760Subject:Law
Abstract/Summary:PDF Full Text Request
from the development process of litigation, Britain and the United States, France, Germany and other countries of the pretrial review procedure is more perfect and developed, generally carrying such as display and verification of evidence, finishing and clear v. points, advance processing and shunt cases and other functions. The pretrial review procedure not only as a criminal trial ready, but largely influence the process of litigation, the litigation outcomes produces major effect, for the smooth progress of the criminal proceedings and the maintenance of the justice of the procedure has important significance. Along with the reform of criminal procedure in China advanced to depth direction, existing pretrial review procedure has increasingly become the whole criminal procedure system scientific " bottleneck ". As a necessary procedure in cases of public prosecution, the setting is scientific, reasonable, not only in relation to the procedural rights of the accused, but also to the trial whether the program with the most basic justice, economy and efficiency, the criminal trial carried out smoothly and judicial resources optimization utilization of great significance. Therefore, the current pretrial review procedure will become our country’s criminal justice reform breakthrough point of. This article from the pre-court examination procedure in public prosecution case of public prosecution case, analysis of the pretrial review procedure existence value and function, the extraterritorial two law set the pretrial review procedure for comparative analysis, absorb and draw lessons from its accord with our country national condition the beneficial experience, analysis of China’s current pre-court examination in public prosecution case procedures for the current situation and reason, put forward to build a public prosecution cases in our country the pretrial review procedure some ideas. The author thinks, the public prosecution cases in China the pretrial review procedure to construct explicitly independent judge system, a clear start main body, examined the composition of personnel system, and improve the system of discovery of evidence, the system of plea bargaining, the indictment the principle and related legal system.
Keywords/Search Tags:pre-court examination in public prosecution case, defect, perfect
PDF Full Text Request
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