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The Criminal Pretrial Review Procedure Research

Posted on:2015-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:B ZhangFull Text:PDF
GTID:2296330431486474Subject:Law
Abstract/Summary:PDF Full Text Request
In China, the Criminal Pretrial program has undergone many changes in legislation, asan important part of the formal pre-trial, and its function is self-evident, however,China’s current Criminal Pretrial Procedure in the legislative design level is also worththe perfect place, after the preliminary examination of common law and civil lawcountries introduced several representative, we should be inspired, in line with China ’snational conditions to establish a more comprehensive criminal pretrial procedure hasbecome essential. article from basic overview criminal pretrial procedure to start, afterseveral foreign countries typically criminal pretrial program analysis, from the judicialstatus of criminal pretrial proceedings start, profound analysis of Pretrial Procedure inthe current legislation and some problems exist in practice,and then propose to solvethese problems to perfect personal recommendations. Throughout the wording can bedivided into four parts, the first part of the basic situation of pretrial procedures areintroduced, mainly around the definition of the concept of pre-trial review process,meaning the basic characteristics of pretrial procedure and pretrial procedure in threedimensions be expanded description. The second part describes the specificcircumstances of the country outside of a few representative of Criminal PretrialProcedure, Criminal Pretrial Procedure extraterritorial countries were analyzed andcompared, and draw inspiration for the review of the status of the legislative process ofthe Criminal Pretrial. The third part of the legislative process of evolution CriminalPretrial resolved, so that readers can grasp the development process of China’s CriminalPretrial Procedure from the macro, modify the Criminal Procedure Code after2012,China’s Criminal Pretrial Procedure legislation is also done on fine-tuning for thischange, the author seeks a more comprehensive vision to present its in-depth analysisof some flaws still exist. The fourth part is the key to this paper, after a part of the"problem" analysis, I believe that the review process should follow to prevent pre-trialjudge to prejudge, pragmatic principles of efficiency, taking pretrial judges and trialjudges formally separated, innovation pretrial conference function and other measures,and then remedy, problem solving, security procedures more perfect.
Keywords/Search Tags:Pretrial, Judges prejudge, Inhibit indictment, Improvement
PDF Full Text Request
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