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Criminal Prosecution Trial Studies In A Timely Manner

Posted on:2014-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:T YangFull Text:PDF
GTID:2246330395991672Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
"Belated justice, injustice”, this ancient and popular proverb reflects the timeliness in thelawsuit. Due to the protection of human rights, this principle is particularly important incriminal proceedings and has become the focus of Constitutions and international humanrights treaties. In China’s criminal legislation and judicial practice, due to the lack of litigationtimeliness and some auxiliary system is imperfect, litigation delay, delay the trial, extendeddetention are common, which results violations of the legitimate rights and interests of theparties and seriously affects the authority and impartiality of the law. On the other hand, in thetheoretical research level, China has little scholars research the timeliness of the proceedingsin-depth and in the latest amendment of Criminal Procedure, there even exist some principlesthat are going the opposite position. All this has fully proved that the principle of litigationtimeliness does not attract the attention of the theoretical, the legislature and the judiciarycircles in China. Through the use of data collection, document analysis and field researchmethods discussion on this issue, but due to the length and ability, this issues only expressessome research from the trial stage of the criminal proceedings a little research to lead Hill thestone.After the history of lawsuit timeliness, this article elaborates of the intention andextension of the principle of criminal proceedings timeliness. In order to highlight theimportance of timely trial of the criminal proceedings, this article elaborates the value oftimeliness from the protection of human rights, justice and litigation efficiency on thesignificance; To illustrate this principle of general application in a foreign countries, fromduring the criminal proceedings, the rhythm of the criminal proceedings, the summary of thecriminal proceedings and criminal proceedings sanctions and relief these four areas this articleelaborates criminal timely trial principles legislative profile in the United States and theGerman. In order to further demonstrate the feasibility of this principle in our country, theauthor and mentor intermediate People’s Court of a "fast trial fast guitar judicial reformcarried out field research and write a research report, judicial reform practice has fully provedthat the principle of litigation in a timely manner in the trial of our country, not only feasibleand works well. Therefore, the author clearly put forward the point of view of the proceedingsshould be the principle of timeliness in the writing of the Constitution and the Code ofCriminal Procedure, so that to amend the terms of the principles of the Code of Criminal Procedure, and use in judicial practice. Finally individual legislative proposals on how toimprove the trial stage during the proceedings, the reform of the judicial system, improve thesystem of judges and the establishment of the Criminal timely trial relief, hope for criticismand reference from people in the same field.
Keywords/Search Tags:litigation timeliness principle, criminal proceedings, timely trial, independent trial
PDF Full Text Request
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