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Research On The Pretrial Preparation Procedure Of Criminal The First Trial

Posted on:2017-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:B Y WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
First instance criminal pretrial procedure, by definition, refers to the trial before doing the preparatory work, the purpose is to protect and efficient conduct formal hearing. The so-called "Preparation may quicken the workers", it is perfect for the trial proceedings in criminal pretrial procedure is a "sharpening" process. In 2012 the newly revised Criminal Procedure Law establishes criminal pretrial conference, which is of Criminal Court Procedure Preparation for a major improvement. But pretrial procedure in criminal trial practice in our country also is relatively new, related research is also inadequate, lack of supporting systems such that the program does not really play the value of existence. This paper adopted the method of comparative study, combined with the existing domestic and international experience, discover our criminal pretrial procedural problems and finally to the new law and relevant judicial interpretations complaint is based, in order to improve our criminal pretrial procedure proposed Some operational recommendations.Definition of first instance in criminal pretrial procedure are mainly two kinds of understanding. One is the broad criminal pretrial procedure, which includes the indictment review process and pretrial procedures. The other narrow pretrial criminal procedure does not include the indictment review procedure, refers only to pretrial procedures, that is, after the People’s Court decided to formal hearing, a formal trial carried out preparatory work. In this paper, we hold the second to understand. Criminal trial pretrial procedures to improve efficiency, and ensure a fair trial, as well as to guarantee equal shunt both defense and prosecution of cases have a significant role. Furthermore Based on foreign-related investigation procedures, including the Anglo-American common law as the representative of Japan and Germany as the representative of civil law, to provide valuable experience for the reform of the criminal pretrial proceedings. At the same time by the relevant legislation of the sort, we find that there are many problems in our criminal pretrial proceedings. Specific features:evidence shows, missing evidence pretrial evidence preservation system to prepare evidence and illegal issues; meeting applicable rate, the scope of the case before the Trial, participants and the scope of the pre-trial conference content and other regulations is not clear; cases of diversion mechanisms are inadequate, resulting in a tremendous waste of judicial resources.Finally, combined with China practice of justice, according to the Criminal Procedure Law and relevant judicial interpretations, to improve our criminal pretrial make a few suggestions:First, to improve the preparation of pre-trial evidence, mainly from the disclosure of evidence, evidence preservation and illegal evidence exclusion of these three aspects of Perfection; second is to improve the pre-trial conference, mainly from the explicit content of pre-trial conference, the scope of the case, a clear participation of people and the powers conferred and other pre-trial conference in the judge’s ruling to perfect; the last is the case for the improvement of triage mechanism, for example, gives the accused the right to choose the program, strengthening the supervision of the case diversion was perfect.
Keywords/Search Tags:Pretrial Preparation Procedure, Evidence, Pretrial Conference, Case Distribution
PDF Full Text Request
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