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Study On Criminal Pretrial Conference System

Posted on:2014-06-21Degree:MasterType:Thesis
Country:ChinaCandidate:K LiFull Text:PDF
GTID:2256330401477999Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In2012, the new Criminal Procedure Law of the People’s Republic of China(hereinafter referred to as the new Code of Criminal Procedure) passed,184(2) whichprovides that Pretrial conference system. Supreme People’s Court on the interpretationof the implementation of the Criminal Procedure Law of the People’s Republic ofChina (hereinafter referred to as the supreme law of judicial interpretation)184setsout its contents, including a review of the substantive and procedural review. Pretrialconference system set up for our Criminal Justice pioneering value before the court isnot involved in the pre-trial proceedings, pretrial procedures not established theconstructor of the three parties involved in the criminal proceedings, administrativefeatures prominent. Counsel to defend and apply for relief, are not litigation channels,especially the defenders against illegal evidence exclusion of views can only be raisedin the trial. After the Pretrial conference system set up, the a procedural defenseopinions of illegal evidence exclusion advance to the pre-trial stage, which is asignificant step forward. However, the legislation does not require the pretrialconference process.Starting from the system of pre-trial conference, to take a comparative approach,based on research with a similar pre-trial procedures of the common law system, theGerman intermediate program, judicial interpretation of the new Criminal ProcedureLaw and the highest legal basis,the article will focuse on the system value andscientific system building, in order to improve the system of pre-trial conference andstrive to establish a pre-trial procedures in line with national conditions. The article is divided into the following five chapters:The first chapter is outlined and legal requirements. This chapter is mainly on thebasic theory of the pre-trial conference system, starting from concept, combined withthe existing legal provisions, in order to compare pretrial Review System withpre-trial preparation procedures, and studying the judicial status of the pretrialproceedings with case analysis.The second chapter will research Pretrial conference system status quo inComparative Perspective. This chapter will study on the system of common law, civillaw countries, and China’s Taiwan, Hong Kong and sum up the common law, based ona comparative study of the existing legal provisions in China, providing reference forChina Pretrial conference systems reasonably designed.The third chapter will study on the reason of improving the system of pre-trialconference. This chapter will reveal many problems as well as the conditions ofexistence,from two angles of the necessity and feasibility, in order to get the finalconclusion.The fourth chapter is solutiones of the Pretrial conference systems. This chapterbegins with the basic principles and constructs a complete theoretical system based onthe pre-trial conference system startup programs, the review of the pre-trialconference, the contents of the pretrial conference, pretrial conference results andremedies.
Keywords/Search Tags:Pre-trial conference, pre-trial review, pre-trialpreparation, pre-trial judge, perfect program
PDF Full Text Request
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