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The Procuratorial Response Of "The Trial-center" Criminal Lawsuit System Reform

Posted on:2017-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:P L GuFull Text:PDF
GTID:2336330512954738Subject:Law
Abstract/Summary:PDF Full Text Request
In modern law society, the lawsuit system is an important guarantee for the social justice and the public right. The improvement of the lawsuit system in our country is not only the process of increasing the social public's sense of identity, but also the process of constantly regulating the operation of the judicial power of the state.As a basic principle in the criminal justice field, the principle of judicial-center has been recognized by the vast majority of the countries under the rule of law. In the fourth Plenary Session of the 18 th CPC Central Committee, it was proposed that we shall comprehensively promote the criminal litigation system “judgment-center”. Its main effect on current judicial work are: A, breaking the litigation stage theory “centered on investigation”; B, subverting the "confession-center" investigation priority theory; C, replacing the court questioning theory “centered on hearsay”. These effects have brought serious challenges to the criminal judicial work, and also put forward higher requirements for the judicial personnel in the aspects of law enforcement philosophy, handling mode, quality ability and so on. How to carry out the criminal procedure standardization effectively in the current deepening judicial reform under the background, is not only guarantee the legitimate rights of the parties, but also to ensure that the case can withstand the test of law and history. The author thinks: the first thing is to establish the concept of balance of power, changing the concept of law enforcement; the second is the reform of traditional criminal investigation, prosecution and trial mode; the third is the construction of prosecution and investigation, prosecution and trial, the plea four interactive model.The trial-center has important significance to anti-injustice correction and protecting human rights. At the same time, it also puts forward higher requirements on the concept of law enforcement, the mode of handling the case, the ability of quality and so on. In the new law enforcement environment, we must have a profound understanding of the positive significance of the trial-center presented in the context of the current judicial reform. We must see the difficulty of criminal works; correctly deal with the new situation and new problems; establish and improve the handling of criminal cases under the new situation of the work system and work mechanism; put efforts into improving the ability, level, quality and efficiency; enabling the improvements and progresses of criminal work in the framework of legal norms.At present, the "trial-center" lawsuit system reform is an important deployment for comprehensively promoting the rule of law and building a socialist country ruled by law. As the bond part in criminal procedure, the procuratorial organs must accurately grasp the scientific connotation and basic requirements, in order to correctly judged the new challenges and new problems of the lawsuit system reform for procuratorial works. Whether it can profoundly understand and grasp the "trial as the center" the connotation, is the key procedure system reform can be implemented correctly in the procuratorial practice.In order to accurately understand and grasp the basic connotation under the premise of adapting to the reform requirements, we need to start from the background and purpose that the party put forward the reform. Keep to the text, and rooted in judicial practice. From the central file and Xi Jinping and other leaders speech, the ultimate goal of "the trial-center" lawsuit system reform is to prevent miscarriages of justice and to achieve judicial justice. Therefore, this paper has done a research focusing on the theme, based on the actual procuratorial work, and from the basic theory of the "trial-center" lawsuit system reform; about opportunities and challenges bring by reform to procuratorial work, and the measures procuratorial organs take to face the reform. The purpose is to actively explore under the reform background, and clarify the interrelationship between prosecution and investigation, prosecution and trial, the plea, in order to benefit the procuratorial work.
Keywords/Search Tags:Lawsuit Reform, Procuratorial Response, Trial-center
PDF Full Text Request
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