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The Research Of The Criminal’s Pre-Trial Procedure

Posted on:2014-06-12Degree:MasterType:Thesis
Country:ChinaCandidate:L N RenFull Text:PDF
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Pretrial conference system should comply with the procedural justice, to protect the trial focus、continuous、efficient、fairness and protect the human rights of the accused and constrained the prosecution of conference program’s right is the purpose of pretrial conference in other countries. the pre-trial conference include Eliminating rules of the illegal evidence, put the eliminating rules of the illegal evidence as the center of the pre-trial conference, ensure the progress of trial successful go on, avoid the proceedings delay and embody the procedural fairness of the judicial trial. Such evidence achieved through legitimate ways can beneficial to achieve entity justice, also the requirements of the rules of evidence referee. In order to exclude prejudge, the judge presiding over pretrial conference doesn’t with the same person with the trial judge. The pretrial conference’s judge should be non-judge presided, so the judicial officers couldn’t intervene in pre-trial proceedings. Build the evidence display system support the criminal pretrial conference system. Under the judge take charge of, prosecution and defense through mutual discovery their hold evidence, can better achieve pre-trial arrange evidence indisputable points, this indisputable points through stress investigate trial, can enhance the efficiency of the proceedings. At the same time, exclusion the illegal evidence, witness, expert appeared in court can achieve a fair trial and to concentrate on trial. Only to ensure case on concentrate trial can solve the contradictions between increasing case and limited judicial resources, enhance efficiency of proceedings. And also need to determine the effectiveness and frequency of the pre-trial conference, the meet before the trial can real play raise lawsuit efficiency. Strengthen the supervision of pre-trial conference, can be allowed observers into the court, this be helpful to fairness of the trial progress, and can further perfect the meet before the trial. In addition, the defendant in proceedings before the court should be given right of applying to summary procedure application, play a pretrial conference about triage of case.
Keywords/Search Tags:the criminal pre-trial procedure, the open evidence, eliminating illegal evidence, lawsuit efficiency, procedural justice
PDF Full Text Request
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