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Research On Submission Of Case Materials In Criminal Procedure

Posted on:2019-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:L E DengFull Text:PDF
GTID:2416330545972049Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The method of submission of case materials in criminal procedure is of great significance throughout the proceedings.From the study of the submission method of different countries outside the territory,we can see that the design of the submission system of the certificate is related to the country's basic national conditions,lawsuit model,and the purpose of the lawsuit.Whether it is an Anglo-American law system or a civil law system,there is an inevitable system drawback.As far as our country is concerned,volume certificate does not send conscience to its function,but there are loopholes in the system of judges' prejudgment.Only by pinpointing the institutional flaw of “volume certificate and sending doctrine”,in-depth exploration of the relevant institutional settings,and accurately positioning the functions of pre-trial procedures,can the system be operated more scientifically and rationally.This article discusses from four parts.The first part mainly elaborates the basic connotation of the submission system of the certificate and the causes of the system.The second part probes into the differences in the certificate system of the countries outside the country and conducts theoretical analysis.The third part aims to analyze the advantages and disadvantages of the certificate transfer system in our country.The direction of the improvement of the system is to find the direction.The fourth part discusses the direction of the reform of the system of sending certificates in China and proposes some suggestions for the construction of related systems.
Keywords/Search Tags:submission of case materials in criminal procedure, prejudging before inform trial, disclosure, nothing but indictment submit to court
PDF Full Text Request
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