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Deep Discussions Upon Construction And Perfection Of Pre-trial Conferencing System

Posted on:2019-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:Z B LiuFull Text:PDF
GTID:2346330548954306Subject:Marxist Jurisprudence
Abstract/Summary:PDF Full Text Request
The system of pre-court meetings is concerned by the criminal procedure law of all countries for the purpose of pursuing procedural justice and judicial efficiency.In our country under the rule of law construction and the reform of the judicial system,as an important part of trial center,an important system of the trial of fine,the value of the court before the meeting highlights.With the revision of the criminal procedure law in 2012,the system of pre-court meetings has entered the judicial level.From the point of the effect of judicial practice,the court before meeting system problems exist mainly in two aspects: one is the court before the meeting the applicable rate is difficult to improve,most of the people's court,especially the grassroots people's court before the court meeting times are few and far between,even without a strict sense of the court before the meeting.Second,the court before the meeting itself in practice to expose the disadvantages of authority is insufficient,the efficiency is not high,the parties to an appeals court before the meeting,will repeat put on trial,led to a trial inefficient.It is in this context,in January 2018,the supreme people's court issued the preliminary meeting for the criminal cases handled by the people's court rules(trial)",but even so,the court before the meeting still exists such problems as insufficient regulation is not clear,suitable.This paper aims to promote the practice of the pre-trial conference system and tries to put forward some Suggestions on the improvement of the pre-trial conference system by expounding its value and objectives.In addition to the introduction and conclusion,the thesis is divided into three parts.The first part starts from the development process of the pre-trial meeting,introduces the concept,value and significance of the pre-trial meeting,and points out the feasibility and necessity of the operation of the pre-trial meeting in China.The second part on the court before meeting system in judicial practice at present running situation as the background,this paper analyzes the system of court before the meeting on the problems existing in the legislative level and judicial level,and further points out that the court before meeting these problems,the root cause lies in the theoretical concept of court before the meeting is not unified,legislative bedding is not careful,supporting system is not established.The future development of the third part based on the court before the meeting,put forward the first thing to clarify the court before the meeting in the value of criminal procedure,the applicable scope,conditions,and a unified legislative meeting in front of the court system for the understanding of the basic problems,and then from two aspects of legislation and judicature is perfect,and to "court before meeting discipline" as the background,focuses on the judicial practice for developing court before the meeting,explore the refining division meeting held in the main body,procedure,supervision and system to inform the specific measures of cohesion.
Keywords/Search Tags:The pre court meeting, the "three rules", the status quo, suggestions for improvement
PDF Full Text Request
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