Font Size: a A A

The Opening Of Criminal Trial Process

Posted on:2016-06-04Degree:MasterType:Thesis
Country:ChinaCandidate:P WuFull Text:PDF
GTID:2296330461462371Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Criminal trial process throughout the course of criminal procedure. It is a reflection of Justice for people and the judicial service. Due to the opening of China’s criminal trial process is still in the initial stage of development, there are many practical drawbacks at present, such as deficiencies of scope, lack of enough attention, lack of system and lack of guarantee mechanism. The Opening of the criminal trial process needs to improve on the existing basis. Therefore, this paper through the definition of criminal trial process information starting from the ideal scope of criminal trial process information, combining the development of the extraterritorial criminal trial process of information disclosure, analysis of China’s actual scope criminal trial process information and put forward to the corresponding safeguard mechanism.This paper is divided into five parts and about 37,000 words except the abstract.The first part is a summary of the criminal trial process in public. First, from the characteristics of the trial process, the trial information only refers to the trial procedural matters, not involve substantial contents, open subject should be a special organ of the people’s court, judicial process should be throughout the whole process of trial activities. Secondly, from comparing criminal trial process open to public trial, the immediate intention of the former is to enhance the public trial process of criminal judicial service. Finally, from public value of the trial process, the implementation of trial process open is conducive to the protection of procedural justice of the criminal procedure, strengthen the supervision of the criminal trial activities, improve the efficiency of the trial of criminal procedure, maintain judiciary authority and judicial credibility.The second part is the scope of criminal trial process of ought to be. In terms of the Opening of criminal trial process, as a part of the public trial, it must contain the public for the community and the parties. The public to the society is mainly static information. Specifically, it mainly includes The Biographies, The Guidance, The Action Guidance, The Policy Paper, The Notice and The List. The relevant parties are mainly two aspects of public dynamic information and criminal recorded of electronic archives.The third part is an overview of development condition of the extraterritorial criminal trial process information. Extra territorial criminal trial process of information disclosure has its own special characteristics. The opening of criminal trial process of the United States, the Britain and the Russia have a clear legislative basis, they pay attention to the unification of construction, focus on providing services to the public and to the relevant parties. The striking feature of German criminal trial process is the German construction of judicial information database. The opening of criminal trial process of Hong Kong pays attention to pulling together with other institutions. Experience of these countries in the judicial public information is worthy of learning and reference for our court.The fourth part is the analysis of criminal trial process of information publicity of our sample. Through the study of China’s relevant district court criminal trial process public information website, China should pay attention to expanding the scope of criminal trial process of information disclosure in the criminal trial process information in the future, change the criminal trial process information public "promotional" ideas, standard the criminal trial process dynamic information to the public, the comprehensive universal criminal electronic freedom of information.The fifth part proposed the implementation of guarantee mechanism of criminal trial process of information disclosure. First, we should accomplish overall decision of website platform construction of the trial process, the local court should have their own characteristics, build a double effect of interaction system from the supreme court to the grass-roots court. Secondly, all kinds of courts should realize positioning and coordination of the various public way according to all kinds of public characteristics, establishing a website platform is given to microblog, micro letter work closely in a variety ways, such as the diversification of public mode. Finally, the Court shall also continue to implement internal supervision and evaluation mechanisms open trial process; through the criminal justice process information inside the building open for reconsideration, appeal system and the construction of a special committee to review the system of open justice externally, to achieve the criminal trial process open relief.
Keywords/Search Tags:Criminal trial process, Information publicity, The Ideal Scope, The Actual Scope, Guarantee Mechanism
PDF Full Text Request
Related items