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Analysis Of The "Trial-Centered" Litigation System Reform Impact On Procuratorial Organs And Its Countermeasures

Posted on:2018-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:Q SunFull Text:PDF
GTID:2336330515494745Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The determination of the parties in the criminal procedure law in 1996 means the establishment of "Trail-centered" litigation system.By modifying Criminal Procedure Law in 2012,there established the principle of the presumption of innocence,illegal evidence,not forced to confess their own crimes and witnesses and so on.The establishment of these systems further strengthened the party doctrine,in fact,it promoted the development of"Trail-centered",However,China's judicial philosophy,which regards investigation as the center,makes the "trail-centered" principle incompatible and unefficient.the fourth Plenary Session of the 18th CPC Central Committee,The Chinese Communist Party Central Committee's decision on a number of important issues of laws with Chinese characteristics put forward "to promote the trial centered litigation system reform",emphasized on the investigation,examination and prosecution and trial relationship to adhere to the"trial-centered",which will have a significant impact on the part of the existing criminal procedure even litigation.Basing the change of the focus of the litigation structure,the strengthening of the substantive effect of the trail,the enhancement of the confrontation between the prosecution and the defense on the reality of the prosecution work,it is necessary to further clarify the relationship between the investigation,prosecution and trial,to re-consider its functions and target values.In the process of litigation,Procuratorial organs lie in the middle of the proceedings,so the quality of the prosecution will affect the quality of the case.This article is mainly based on the "trial-centered" litigation system reform and its impact on the inspection-prosecution-trail relationship.In Conclusion,the procuratorial organs should make appropriate adjustments in order to adapt to the "trial-centered" litigation system reform environment.
Keywords/Search Tags:The trial centered, the relation between investigation and litigation, the relationship between prosecution and trial
PDF Full Text Request
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