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Research On Litigation Cognition Under The Perspective Of Trial-centeredness

Posted on:2018-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:K W TaoFull Text:PDF
GTID:2416330542476620Subject:legal
Abstract/Summary:PDF Full Text Request
On the premise of the protection of basic human rights,the improvement of the reliability and accuracy of cognition is the advantage of the litigation pattern of the trial-centeredness compared with the parttern of the investigation centralism,which is also the critical objective to transform to the aforementioned litigation parttern that put forward on the Fourth Plenary Session of the 18th CPC Central Committee.Under the litigation parttern of the trial-centeralism,the whole course of criminal procedure demonstrates its strict prevention of the occurrence of wrongful convictions and attach extremely importance to the value of human rights.In fact,the emphasis on the above-mentioned dual value is also a strong respondence to a certain social needs,and the unique cognitive process under the pattern of litigation could be a very realization mechanism to accomodate the dual value of the two.Hoever,the existence of cognitive impairment is a great obstacle to the realization of the dual value.As the main force to facilitate the realization of the course of this double cognition(especially the second cognition),and to overcome the cognitive impairment and effectively realize the course of this double cognition,the attorney,whether they are in the first cognition or in the formation of the second cognitive process,have played the role of "the closed breaker"and "the story deconstructionist",the roles of which are all important roles that could be able to reach or equivalent to the role of the court.
Keywords/Search Tags:trial-centeredness, Wrongful convictions, double cognition, attorney
PDF Full Text Request
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