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Research On The Substantive Court Trial From The Perspective Of Trial Centered

Posted on:2018-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:C LiuFull Text:PDF
GTID:2416330542466070Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
At present,the overwhelming trend of anti-corruption has been formed,but there are still some people who still stay in corruption.The number of corruption and bribery cases in people's courts at all levels has always been high.In every period of time,there are some cases of violation of law and discipline notified by the department at all levels,the people's court is particularly important for the fair trial of bribery cases.Bribery cases are typical "one to one" cases dominated by verbal evidence,it is difficult but necessary to carry out the trial in strict accordance with the requirements of "trial centered".Before 2014,the state has put forward some concepts and requirements of "trial centered" and "trial substantive".In 2014,in the fourth Plenary Session of the 18 th CPC Central Committee,the party clearly put forward the "trial centered litigation system reform".Higher requirements have been put forward for the work at the trial stage of the court,demonstrating the firm determination of the Central Committee to push forward the judicial reform.Therefore,this article study the bribery case trial method,by analyzing the national judicial reform environment.This paper mainly consists of three parts: the first is the summary of the basic issues of the trial substantive;second is the "trial centered" requirements of the substantive court trial;the third is the trial of the substantive perspective of bribery cases.Specifically,the first part starting from the basic concept of the connotation mainly discuss value and concept of the substantive court trial,and analyzing what are stopping the process of substantive court trial in this way to provide relevant evidence on implementing the substantive court trial;the second part is the principle of "trial centered",from the basic meaning of "trial centered" to discuss "the trial center" and the substantive court trial and implementation of the new path of the substantive court trial in the background,provides guidance and instruction for the case of a bribe part of the trial;the third part return to a specific case,the substantive court trial from the perspective of the implementation of specific requirements on the substantive court trial court bribery case,starting from the essential characteristics of bribery cases,analyzing the practical problems existing in evidence attestation and using,judge's thinking and specific handling methods of the current bribery cases,from refining bribe witness mechanism,further strict exclusion of the illegal evidence,admissibility of evidence,the establishment of strict bribery presumption on the four aspects of bribery case put forward specific measures for theeffective.The study on the three parts above,can provide better advice on the process of the substantive court trial in the practical cases,which is not only the practical requirements on judicial reform,but also a great significant promotion on the judicial concept,such as the protection of human rights presumption of innocence and assuming disputed crimes innocence.
Keywords/Search Tags:Trial Centered, Substantive Court Trial, Bribery Case, Court Hearing
PDF Full Text Request
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