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Research On The Trial's Substance Of The Criminal Procedure

Posted on:2018-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y N LiuFull Text:PDF
GTID:2416330518958939Subject:Law
Abstract/Summary:PDF Full Text Request
As making the trial process substantive taking places as the advancement as the central lawsuit system reform pivot and the main gripping device,has come to an attention as a focus.Hoping through from the system,the idea,the lawsuit pattern,the judicial mechanism various reform which making the trial process substantive aims at our country criminal prosecution hearing to become a mere formality,the site empty,the criminal activity trial program which to have been set this remarkable question proposed consummates finally realizes the fact of case by court trying to recognize,to determine guilt the discretion of punishment to complete the goal by court.This article carries on the discussion from four parts to our country criminal prosecution making the trial process substantive:The first part mainly elaborates the basic outline of the substantive trial,including the connotation and function introduction of the substantive trial,and the relationship with the "trial as the center",grasping the theoretical and practical significance of realizing the substantive trial.The second part introduced emphatically outside territory related making substantive experience,outside the inspection territory in the making substantive advancement foundation,refines to our country materialization reform beneficial experience model;The third part combines the judicial practice of our country to analyze the problems of substantive trial in our country,that is,the cause of the trial of our country,so as to provide the basis for the reform path.The fourth part discusses the realization method of the substantive trial of criminal procedure in China from three aspects,namely,reconstructing the aspects of the construction of criminal procedure,the substantive content of the trial,and other supporting system.Specifically,rationalize the relationship between the investigation and prosecution and prosecution,in the improvement of our litigation structure under the premise of the contents of the trial substantive reform,to ensure that the trial in the evidence,cross-examination,certification,and the substantive referee.At the same time,in order to achieve the above reform,we must set up the relevant security mechanism,the implementation of pre-court meeting "from the virtual",improve the system of evidence disclosure.
Keywords/Search Tags:Criminal Procedure, Making-substantive, Trial Centered, Litigation Structure
PDF Full Text Request
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