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Criminal Case Proceedings Divisional Research

Posted on:2016-08-27Degree:MasterType:Thesis
Country:ChinaCandidate:S F CunFull Text:PDF
GTID:2296330482470487Subject:Law
Abstract/Summary:PDF Full Text Request
Relevance hearing criminal cases taken is "and mainly to sub-supplemented" mode of operation,In addition to minors and adults together criminal cases and some of the defendants (the suspect) failed to adopt Separate Trial for questioning, but most tend and trial.Criminal Procedure Law did not form a complete written to this specification,Only pipe Supreme People’s Procuratorate promulgated the judicial interpretation of the relevant judicial, but the lack of unity, integrity between legal norms,Objective judicial practice in the application of divisional and department and case hearing in no way binding, leading to the existence of "improper and the case" and "casual divisional" phenomenon rampant judicial practice, Not only easy to violate the rights of the parties to the proceedings, it is not conducive to the judiciary to identify the facts of the case.n fact the problem caused by improper and text, but also to the judicial practice department bring great distress, In-depth analysis of the problem and therefore the division of proceedings in criminal cases, it has important practical significance. In this paper, others on the basis of points joinder of study, focuses on the sub-text of the proceedings, Binding legislation and judicial practice for Separate Trial attempt to analyze the reality of the division of hearing, Then we discuss the decision-making mechanism and conditions and sub-case trial, Reference merger with countries and regions outside sub-system theory and case proceedings, Proposes the establishment of points and the jurisdiction of the case, Participants in the proceedings to protect people’s right to participate and the right to access to justice, Play a leading role in the people’s court proceedings in criminal cases construct points and case hearing system envisaged in the program. I look forward to writing this article also has some implications for the judicial practice.
Keywords/Search Tags:Separate Trial, Reality, Conditions apply, Program Construction
PDF Full Text Request
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