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Discussion On The Trial-centered Litigation System Reform

Posted on:2018-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:J DuFull Text:PDF
GTID:2356330536967851Subject:legal
Abstract/Summary:PDF Full Text Request
The proceeding of reform for current litigation system request trial centered,which actually need strengthen trial as the center position of the whole procedure.This main objective is to promote trial to substantiation,which is in order to effectively improve formalized problem existing in our country's trial during the long term in the judicial practice,play the decisive role of criterions for the conviction and promote the realization of judicial effect.the people's Procuratorate as legal supervision organs of in our country,especially the department of public prosecution,play an important role in the charge,debate and judgement tripartite structure.Thus trial should be centered in the reform for current litigation system.The prosecution department not only need evolve and ascend on the work idea,in work ideas,but also need has a corresponding change in work methods and work ideas;Should not only pay attention to system reform in trial witnesses,expert witnesses and experts assist people appear in court,etc,but also need a broader field of vision,a more comprehensive attention to the reform of the system of examination and prosecution stage and court before meeting,make the corresponding adjustment and consummate in evidence collection,trial plan,the trial and case quality evaluation system,etc.This will focus on improving the public prosecutor examination and prosecution,public prosecution work ability,proactively adapt to the new situation of reform of criminal lawsuit system.With all the actions above,trying to shift the working model from investigation centered mode to trial centered,make sure achieve reform objective smoothly.Standing in the prosecution work Angle and position,this article emphatically from the following four aspects discusses the litigation system reform and how to do the trial centered:Part One: "trial centered litigation reform outline" : Discoursing from the trial centered connotation and background,theoretical foundation and realistic necessity,then indicates the conclusion that the creation of concept for the trial centered is adapting to the needs of the development.Part Two: the requirements of Trial centered litigation system reforming on Public Prosecution: based on the opinions from the five departments and the Supreme Law,that is,the specific requirements of judgment centered lawsuit system reforming.Indicating the reforming program has brought enlightenments on the improvementand perfection of public prosecution.Part Three: Analyze on current public prosecution: brief statement of common problem from four aspects,stage of review and prosecution,pretrial conference,the trail,and increased caseload but shortage of human staff.Part Four: corresponding countermeasure of public prosecution on judgment centered lawsuit system reforming: according to the opinions from the five departments and the highest law,this article will take some points as a key out to analyze and elaborate.Also,this article will give specific countermeasure on four aspects,from Stage of review and prosecution,pretrial conference,to the trail and quick verdict.
Keywords/Search Tags:Trial-centered, Court Trial Substantiation, Prosecution
PDF Full Text Request
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