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Research On The Substantive Issues Of Trial In Criminal Cases

Posted on:2018-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:Z SuFull Text:PDF
GTID:2356330518491022Subject:Law
Abstract/Summary:PDF Full Text Request
Litigation mode whose center is investigation directly lead to the formalization of trial.It not only causes damage to the legal rights of the accused,but is also extremely easy to lead to numerous cases of injustice,which seriously affect the impartiality and the credibility of adjudication.Achieving the substance of trial is the inherent requirement of the principle of due process,the principle of presumption of innocence and the principle of judicial final referee.And it is also the most important procedural guarantee of the impartiality of criminal judicature.Therefore,on the background of ruling our country by law,promoting the comprehensive reforms of the litigation system,achieving the substance of trial is the key to the reform of the litigation system,whose center is trial.But for a long time the traditional view that "There public security are a whole"has won support among people.On the one hand,three public security attach much attention to cooperation while attach little attention to restriction,on the other hand the linear structure formed by the interaction between investigation and prosecution makes the status in litigation of the accused relatively objectified,together with the judicial authority treat relevant rule of evidence with indifference,resulting in some trials are only formality,which seriously damages the legal construction in our country.In order to achieve the target for reform of the substance of trial,this article reveals the disadvantages of the formalization of court judgment in investigation centrism mode through,and it analyzes lots of aspects that affect the substance of trial.
Keywords/Search Tags:Centralism judgment, Substantive trial, Investigative centralism
PDF Full Text Request
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