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The Investigation Report Of Procuratorial Organs Participating In Criminal Pretrial Meeting

Posted on:2018-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:S F XiaFull Text:PDF
GTID:2346330515490015Subject:Criminal procedure law
Abstract/Summary:PDF Full Text Request
There has been a long time for the thought and exploration of the pretrial conference system in the theory and judicial practice in our country.For some cases,due to the procedural matters and related trivial issues especially for the major,difficult,complex cases,may result in low efficiency of the trial,and the low trial quality and so on.In order to find a way out to solve the judicial dilemma,the criminal pretrial conference system appears in the theoretical research and judicial practice.Pretrial conference can play a role in the process of filtering,such as the application for withdrawal,re-identification and the application of the exclusion of illegal evidence.At the same time,it can fix the evidence,clear the focus of the dispute,so that we can effectively carry out litigation activities,and it will have a positive effect on the whole litigation process.However,the relevant laws and regulations on the provisions of the pretrial conference are more positive.From the point of the procurator organs participating in the pretrial meeting,the author hopes to explore the problems existing in the work of public prosecution in the form of investigation report before the meeting,and analyze the causes and seek countermeasures,so that we can provide some suggestions for the procurator organs to participate in the pretrial meeting and improve the working mechanism.With the help of the author and his classmates,he understand the procurator organs at all levels to participate in the prosecution before the meeting,combined with the theory of pretrial conference,analysis of judicial practice in the use of the positive significance of the system and the application of the pretrial conference in judicial work,especially from the point of public prosecutor's participation in public prosecution,review and analysis of the application of the pretrial conference system from the prosecution to the trial.We should make recommendations to improve for this.This paper is four parts in all,about 20000 words.The first part is the introduction of the article,we can talk about from the background,the purpose of the investigation,the object and method of research and innovation.The new procedure design of the Criminal Procedure Law--pretrial conference--in the judicial practice of the investigation conducted by the investigation of the field,and presented in a certain form of text.First of all,the background of the introduction of the pretrial conference system is briefly introduced,this helps to understand the reasons for the emergence of pretrial conference system in China's theoretical research and judicial practice,and then to clarify its value and role;The purpose of the investigation is to use the pre court meeting in the practice of judicial practicer to play the expected effect of the original system design.At the same time,we can summarized and improved the obstacles and problems reflected in the practical work;The object of the investigation is to summarize the new situation of the procuratorial organ in the pre court meeting and the application of the pretrial meeting to the specific cases.Research methods consist of literature analysis,questionnaires,field surveys and other methods.The author thinks that the result of theoretical research of the pretrial conference is abundant and mature,and it is not conducive to the judicial practice department to make clear the value of the system.Therefore,the author hopes to use the opportunity to practice in understanding of the prosecution before the meeting of the application of the situation.The innovation of this paper is to avoid the wide range of previous theoretical research,analysis of the position,angle,single,old problems,Taking the procuratorate before the meeting as the starting point through the collection,collation and analysis of the data of different regions and different levels of procuratorial organs to participate in the pretrial conference.The author explores the problems existing in the process of the procuratorial organs participating in the pretrial meeting in judicial practice,and then analyze the causes and seek the corresponding countermeasures for the prosecution,especially for the prosecutor,to participate in the criminal pretrial conference system and improve the working mechanism.Furthermore,the author hopes to provide a reference for the construction of the theory of criminal pretrial conference system.The second part is the generalization of the conference system including the conception and valuation of it.It is helpful to understand the beginning of the conference according to brief introduction.And so to differ the system and theorial research.The New Criminal Law makes the conference system from theorial reach to practice come true,and achieves the transformation from ideality to reality.Therefore,in order to generalize the achievement and valuation especially introduce the procedure in justice.Only in this way to perceive the real effect instead of the so-called decoration.The third part is the key and base of this thesis.On the basis of the analysis of collection and reason,so that perfect the measure of the system in the forth part.Firstly,the writer counts the difference legal case,understand the types and content to generalize different problems in justice case.It is easy to resolve the potency and tackle the reason.The forth part is the importance of the thesis,and it is the summary which resolves the problem and interrogate the perfect suggestion.It is also useful to fulfill the obligation and supervise the law.According to this part,we should realize the difference between conference and system.And only in this way can we solve the problem.We can combine the condition in our country to carry out the law more perfect.
Keywords/Search Tags:Criminal procedure, Pretrial conference, Empirical study, Efficiency, Valuation
PDF Full Text Request
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