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The Research On The Pretrial Conference System Ofcriminal Suit

Posted on:2018-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:J J HuangFull Text:PDF
GTID:2346330512482907Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Since the pretrial conference system has been established in the criminal procedure law of the People's Republic of China(hereinafter referred to as the "new law").It has become a hot topic in the academic circles,because of its pioneering value in China's judicial system.Through the "Supreme People's Court on Several Issues concerning the implementation of the" People's Republic of China criminal law"(hereinafter referred to as" the interpretation of judicial interpretation of the supreme law)of pretrial meeting system,"explained,that has both a substantial review function also has the significance of procedural review.Prior to the establishment of this system,the court does not intervene in the pre-trial procedure,there is no control,debate,the three parties involved in the trial of criminal proceedings,which led to the obvious administrative.And it is not conducive to the exercise of the right to defense,especially the exclusion of illegal evidence,which are forced to postpone the trial of the court.In this reform,the defense counsel's opinion can be put forward before the trial.The expansion of the litigation channels,better protection of human rights,is a major progress in the trial.But for the specific process of pretrial meeting,the legislation in our country is not involved.This article from the pretrial meeting system,take the comparative research method,based on the similar common law pre-trial procedures of the German middle procedure and so on,in the new criminal procedure law and the supreme judicial interpretation as the basis,focusing on the specific content of pretrial meeting system,value system,scientific system construction and other aspects,in order to perfect the pretrial meeting system,and the existing pretrial review procedure with each other,and strive to establish pre-trial procedures in line with national conditions,to further criminal justice.
Keywords/Search Tags:pre-trial conference, pre-trial review, pre-trialpreparation, pre-trial judge, perfect program
PDF Full Text Request
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