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A Study On The Related Issues Of Judicial Review Mechanism Of Criminal Procedure

Posted on:2018-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:L N KongFull Text:PDF
GTID:2346330518969623Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Since the establishment of exclusion rule,criminal procedural judicial review has quietly entered the room.more and more defense lawyers favor challenge Prosecution declaring the prosecution action is invalid,to maintain the defendantís rights.Due to the lack of procedural review of the operating system,a direct result of "the rights on paper" and "the right in practice" have a huge gap between.This article focuses on the criminal procedure review of the parties to the qualifications,to prove the risk distribution and the Commission for Discipline Inspection "investigation" litigation regulation.First,the parties qualify reflect whether an act can enter the court.Determine whether the right to infringement is subject to judicial relief.Relation between litigation and adjudge,the key to deciding whether or not to Prosecution action is tort the parties benefit.Criminal procedure review introduction of the "action Interest" as a criterion for partiesí qualifications,not only to the prevent abuse government power,but also to identify-disputes with the parties involved in review.From the institutional ecology point,the parties act-right can check prosecution action.Second,burden of persuasion in procedural review should be distributed by legislator,trial dose not pursue some the process of substantive value.The burden of persuasion system is not provide evidence of responsibility,on the contrary.As we all know,due to the special facts in procedure,it is decided that there is a big difference between the ability of the prosecution and the defense.own to guarantee defendant go forward should be focused on the specific proof.Let the prosecution bear the burden of persuasion,"is in the race to let the strong horse pack more things(Romanian)";Finally,the practice of the Commission for Discipline Inspection "investigation" reflects the effect of criminal law "range" problem.In essence,the "investigation" behavior the "investigation" has an impact individuals rights,should be included in the "range" of the criminal procedure that the litigation affecting the rights and interests of the defendant is in judicial review under.
Keywords/Search Tags:Criminal procedural review, Interest of action, Proof of responsibility Proof of ease, Discipline "Investigation" Regulation
PDF Full Text Request
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