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During The "Trial Centered" Lawsuit System Reform's Coping Strategies Of Public Prosecution Work

Posted on:2019-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:P GuoFull Text:PDF
GTID:2346330542486166Subject:Law
Abstract/Summary:PDF Full Text Request
For a long time,our country criminal litigation activities are taken "case investigation centered" concept.Lead to serious deviating from the essence,the court's trial as the inspection authority is the most important forms of public prosecution work most of the time stay in level,exposed some defects and shortcomings.Therefore,trial is mainly about testing the functions of the prosecution claims and evidence that can't good play,gradually evolved into the risk factor for the formation of criminal misjudged cases,the legitimate rights and interests of criminal suspects and defendants can't guarantee.In our party by the fourth plenary session of the 18 on comprehensively advancing the rule of law "of the central committee of the communist party of certain major issue decision"(later Jane as a "decision")of clear requirements to persist in the "trial" for the center of the new litigation system reform.The major reform of the system,make our country procuratorial organs of the prosecution work received severe tests and major challenges,it must be rapid response,and formulate the corresponding countermeasures,on the one hand is to adapt to the needs of the reform of the judicial system,as well as to better fulfill its prosecution job functions.Therefore,in this paper,the prosecution work to deal with related litigation system reform policies or measures to research and analysis,the article first trial center doctrine,investigation center doctrine,trial essence concepts such as necessary,this paper puts forward measures of lawsuit system reform in our country the status quo,including establishing the central position of the trial to promote the trial process,resolutely implement the substance suspected crimes from without,the principles of legality,establish the referee rules of evidence applicable rules of court investigation procedure,refine and optimize the witnesses and expert witnesses to testify system,etc.Secondly,through the analysis of our country for a long time insisted that "the investigation centered" lawsuit idea of defects and shortcomings are analyzed,including the procuratorial personnel of public prosecution concept remains to be improved,examination and prosecution and trial runs counter to the requirements of the real operation,appeared in court to support public prosecution and trial centered "gap.This paper expounds the necessity of reform also indirectly;Work again,China's public prosecution system reform of the litigation comes,they work to face trial variables is more difficult to grasp,more intense confrontation,the prosecuting and defendingparties accused harder,innocent verdicts are likely to become the new normal,"trial centered" led to the transformation of the prosecutor's case concept,"trial centered"cause,pay attention to the court to prosecutors preparation,trial substance increased the difficulty of the prosecution in court on charges,the original evidence examination mode is difficult to adapt to the need of the litigation system reform after the public prosecution,"trial centered" requirements to build the new v.investigation,v.umpire,plea relationship challenges.By analyzing the problem,exposed problems,summarize problem,and then targeted put forward the concept of public prosecution to public prosecution,deal with practice response,the prosecution team construction,change the internal working mechanism,innovating the mode of examination and prosecution,adjustments will be the focus of the procuratorial supervision,to change the way of case processing and handling and transfer of the organization mode,perfect appearance,and support the prosecution work measures and strategies,and the main structure of the last part of article,is absolutely out of the body and the core of this article,a comprehensive targeted answered "public prosecution work of how to deal with a 'trial centered lawsuit system reform" of the problem.
Keywords/Search Tags:Theprosecution work, The trial center, Reform of the system, Coping strategies
PDF Full Text Request
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