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Research On The Procedure Before Criminal Courts

Posted on:2014-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:B WangFull Text:PDF
GTID:2256330401461791Subject:Law
Abstract/Summary:PDF Full Text Request
Pretrial criminal procedure system means the Court to review the indictment brought by the public prosecutor’s Office according to law to prevent abuse against this violation of the human rights, also there is no need to review the trial. Combing of the integrity of the case system, able to guarantee the smooth progress of criminal proceedings and the timely and efficient processing of cases and also able to function and constraint right most likely to clear the judges to prejudge, to reasonable litigation resources optimal allocation and for the preparation of formal court trial necessary. Pre-trial procedure in criminal proceedings is the regulation on China’s criminal justice program, ensure procedure smooth and complete, effective processing played an unparalleled role. By2012, the new criminal procedure law and the official implementation in January1st this year and in the pretrial review procedure made new provisions, particularly a change is important for the case to the system recovery provisions.Discussion on the thesis is divided into the following stages:First of all, from the criminal trial procedures start with the overview, overview of the criminal trial procedure before defining the connotation of status, as well as in the criminal law; On this basis, to summarize the principles and functions of the pretrial procedure, for the repositioning of China criminal trial procedure before laying the theoretical foundation.Secondly, this article for civil law countries and common law before the Criminal Division of the State program comprehensive comparison and in-depth study, provides a prerequisite discussed below opinion, ensuring the continuity of the thesis.Once again, by2012the new analysis of the new change of the criminal law, focusing on the new criminal procedure for materials transfer system for the presentation of the case. For the new changes reflect the advantages and disadvantages of the overall quantity, integrated pointed out the shortcomings of our existing systems.Finally, based on the procedures before the Criminal Division has long neglected, it is difficult to effectively grasp the program settings before the Criminal Division in the first place, this article by relocating to this program, enhancing its status in the criminal proceedings. And, on that basis, operating mechanism and sound through the criminal pretrial procedure before a meeting, two aspects of the improvement of the system, proposed vision for the reform of criminal trial procedure before.
Keywords/Search Tags:Criminal Pretrial Proceedings, Transfer, Pretrial Conference, Illegal Evidence Exclusion
PDF Full Text Request
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