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On The Criminal Verification Procedure Under The Reform Of Trial-centered Criminal Procedure System

Posted on:2018-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2416330563459306Subject:Law
Abstract/Summary:PDF Full Text Request
“ The resolution of the central committee of the Communist Party of China on certain major issues concerning comprehensively advancing the law-based governance of China”proposes the advancing of the reform of the “trial-centered ”criminal procedure system.This proposal aims to change the legal practice from “investigation-oriented”to“trial-centered”,which will becomes a milestone in the history of China during the process of advancing the rule of law.This crucial reform meets the discipline of legal proceedings,practice and the principle of the rule of law,which is also considered as the ultimate means to realize the goal of judicial justice and safeguard the protection of human rights.The doctrine of “trial-centered” means that someone can only be convicted of crime by the court trail through due process,especially it refers to the limitation of rights and the collection of evidences.This doctrine also asks the trail has the final say during the process of evidences examination and the conviction of facts.The cross-examination process is the key to the trial-centered criminal procedure system as well as the keynote of very trail,thus the improvement of cross-examination is considered as one of the main approaches to advance the reform of the trial-centered criminal procedure system.It is the cross-examination process that paves the way for the realization of substantive trail and the reform of the trial-centered criminal procedure system.This paper argues the connotation of the trial-centered criminal procedure system and its relationship with substantive trail,it also analyzes the reasons which cause the absence of cross-examination in our criminal legal practices,then it proposes the rules of criminal cross-examination refer to the reform of the trial-centered criminal procedure system.At the final part,it proposes the approaches to improve the criminal cross-examination procedure from the perspectives of witness testimony,the establishment of verbalism,to definite the rules of cross-examination,the application of procedure diversion and the realization of substantive defend.
Keywords/Search Tags:Trial-Centered Criminal Procedure System, Criminal Verification Procedure, Substantive trail, Cross-examination
PDF Full Text Request
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