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Study On Rules Of Court Incriminal Procedure

Posted on:2018-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:Q WangFull Text:PDF
GTID:2346330515490118Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Order is one of the basic values of law.The rules of the court are in order to maintain the court order to require the court to observe the common discipline and system,the court order is directly related to whether the case can proceed smoothly.On May 1,2016,the Rules of the People's Courts of the People's Republic of China(hereinafter referred to as the "Rules of the Court")formally presented the reform and progress in terms of rights protection and order maintenance.However,the current "rules of the court" in the court for the disruptive court behavior is still a lack of direct and powerful punishment,the relevant relief procedures are also lacking,for the court and the withdrawal of the judicial ceremonies have not yet mentioned,the choice of observers is not scientific and other issues still exist.Therefore,the need to further improve the rules of the court,so that the structure and content to further optimize,so as to improve the efficiency of the trial,to ensure the quality of the trial,to achieve procedures and substantive justice.In addition to the introduction and conclusion,the text is divided into three parts.The first part interprets the rules of the criminal court.To study a rule,the basic point is the analysis of the basic concepts.Therefore,the author first explains the meaning and function of the rules,and then combs the historical development of court rules in China.For the emergence of the rules of the court,the first comprehensive revision,once again a comprehensive revision of its historical reasons behind the requirements and the direction of the reform were summarized.The second part reviews the current rules of the court from the bright spot and the two parts.The author first introduces the current rules in the protection of human rights,to promote fair trial,to maintain the security of the court,adhere to the trial open,adhere to the full public trial information and strengthen the judicial rituals of the highlights;and by enumerating the rules since the implementation of the judge since 2016 has been disrupted Court order cases,summed up the practice of the problems and provisions of the existing problems,and further analysis of the causes of these problems.The third part presents the improvement of the existing court rules.And to turn the perspective to the outside world,through the study of the United Kingdom,the United States,Russia,France and China Hong Kong District Court rules and specific rules of practice more mature practice.Draw lessons from the place where we can further improve the rules of the court,from the clear to the judge to court the right to punish the court to disrupt the order of the direct punishment procedures and improve the judicial ceremonial three parts of their own reference.
Keywords/Search Tags:Court rules, Court order, Direct punishment, Judicial etiquette
PDF Full Text Request
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