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Research On The Vertical Structure Of Criminal Litigation Centered On Trial

Posted on:2017-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:F SongFull Text:PDF
GTID:2336330488452852Subject:legal
Abstract/Summary:PDF Full Text Request
The 4th plenary session of 18 th CPC Central Committee passes Decision of the Central Committee of the CPC on a number of major issues concerning the overall promotion of the rule of law(Decision for short) in which it explicitly says to promote the reform of the litigation system centered on trial.But "promote the reform of the litigation system centered on trial” is not to enhance the right of courts while weaken the right of police and prosecutors and it is not discriminatory or antagonistic. This reform is to promote the public credibility of justice and authority of trial under the frame in which detection department, prosecute department andjustice department take responsibility together and restrict each other. It is aimed to reform the criminal proceedings modeThe current structure of public securities investigation, of public prosecutors prosecution, of court opening trial is a kind of longitudinal criminal procedure. The Chinese traditional structure of criminal procedure is a flow system and the trail is not placed at the center of the whole procedure process.This is a typical“investigative centralism” litigation structure. The power of act of judicial apparatus is weak. It has no control or investigation on criminal procedure before court. The evidence consulted by court originates basically from the evidence from the investigation part. The independent ability of free proof of judges is weak. The trial result over depends on the result of investigation. The phenomenon of pre-trialing according to the documents handed is serious. Court trial becomes formalistic and it is like a court trial show.This current situation does not accord with the “rule of law” spirit and principle of law. It violates the develop principle of law. Therefore weshould promote trail-centered litigation structure reform based on the current structure to make that it is only courts standing neutrally which can judge based on the prosecuting party-defendant party confrontation result on court hearing. Trial becomes the core of litigation procedure and pretrial procedure and executive procedure are all carried out centered on court trial as well as investigated and restricted by the judicial procedure.Promoting the reform of litigation system centered on trail not only needs the reform of current judicial condition, but also needs the reform of pretrial procedure and bring the neutral justice authority into the pretrial procedure.
Keywords/Search Tags:longitudinal structure, investigative centralism, judicial centralism, judicial authority
PDF Full Text Request
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