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The Reform Of Criminal Files System

Posted on:2017-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y J HuFull Text:PDF
GTID:2296330488450206Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Criminal files plays an important role in Chinese criminal trial, in the criminal procedure law in 2012, establishes the All-files transfer system,it indicate that criminal files will exist for a long time and play its value in the criminal trial.the criminal trial cannot do without criminal files in judicial practice.considering the actual conditions of justice and the complicated judicial environment,the attitude towards criminal files shift blind reference from the West to rational reform that consider our actual situation.abandon the idea of reject criminal files, insist a relatively reasonable state of justice.explore the way to use criminal files when insist scientific and reasonable standard.Under the background of ruling the country by law and promoting the judicial reform,insist the principle of as the central task in judgment and fairness and justice, we can use criminal files in criminal trial,but should be restrained,whether the proof is verbal evidence oral evidence,we should pay attention to the fairness and justice,criminal files must conform to the state standards from production to use.with the help of judicial reform to promote the reform of the criminal files system.The thesis consists of three parts.In the first part,the thesis introduces the basic concept,composing. features of criminal files,and reviews the transfer mode of criminal files from 1979 to 2012,explain the influence of the transfer mode on the trial mode,point out transfer and read criminal files is the basis of criminal trial on court.In the second part,the thesis analysis the application of criminal files in criminal trial,analysis the negative effects and positive significance of using criminal files,and analysis institutional explanations and practical reasons about using criminal files.In the third part.the thesis insist the principle of as the central task in judgment,design the criminal files system from evidence rule,procedural control system,protective system of criminal files, normative use criminal files in criminal trial,and fit the principle of as the central task in judgment.
Keywords/Search Tags:Criminal files, The trial mode, Reform
PDF Full Text Request
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