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Research On The Pre-trial Communication Mechanisim Between The Procecutor And Defendence

Posted on:2014-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:J YangFull Text:PDF
GTID:2256330422954478Subject:Law
Abstract/Summary:PDF Full Text Request
This paper traced back the "defendant before the trial exchangemechanism" sources of research, combined with the status of legal andpractical problems. Then by establishing the general conceptof”defendant before the trial communicating mechanism" and its richconnotation, the "defendant before the trial exchange" legal issues in abroad background of research on the theory and practice. The concept of"defendant before the trial exchange" is derived from the defendant in thejudicial confrontation system equilibrium principle, but the formertranscends the defendant, basic idea of equilibrium, will be balanced onthe time width in advance to the front of the trial, to expand the defendantthe tension and the influence the equilibrium value range. Then byinvestigating the defendant before a trial of domestic and internationalexchanges of historical background, is obtained from the equality, confrontation, before the trial cooperation criminal system reform trend,and combined with the current trial defendant before the communicationof legal system and practice, deeply analyze the root causes, and carefullythinking about establishing defendant before the trial of the importance ofcommunication mechanism. Finally, through the "defendant before thetrial exchange mechanism to task, purpose, subject, scope, object,procedure and reform path and so on six aspects, proposed theestablishment perfect" pretrial defendant exchange mechanism"framework of personal advice.
Keywords/Search Tags:Pre-trial procedure, Communication mechanismbetween the prosecutor and defendant, equality of the prosecutors anddefendants
PDF Full Text Request
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