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Research On The Dilemma And Countermeasures Of The Substantive Reform Of The Trial

Posted on:2019-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhangFull Text:PDF
GTID:2416330578952217Subject:Law
Abstract/Summary:PDF Full Text Request
In this paper,the theme of the study is "Research on the dilemma and countermeasures of the substantive reform of the trial",trying to seize the opportunity of the judicial reform in China,after The Eighteenth National Congress of the CPC and take the substantive reform of the court as the breakthrough point,and discuss the difficulties in the process of the substantive reform of the court trial,based on the practice of the substantive reform of the court trial in Huanggang.Environment and the reasons for its formation,and then put forward the countermeasures to improve the substantive reform of court trial.According to this,this paper is divided into four parts to discuss.The first part is"the analysis of the substantive reform of the trial".This part mainly discusses the value pursuit of the substantive reform of the trial and the main contents of the substantive reform of the trial on the basis of defining the substantive reform of the trial,and lays a theoretical foundation for the next research and discussion.The second part is"the dilemma of the substantive reform of the trial".This part mainly through the use of empirical research methods,based on the reform practice of the court,combed and summed up the difficulties of the court in the substantive reform of the court trial,that is,the evidence of the court trial,the facts of the case and the meaning of the accusation.See and publish.The results of the referee are formed,and the difficulties in the evidence show that there are many difficulties in the court trial,the fact that the case is difficult to find out completely in the court,the complaint and argument in the court is difficult to change the strong defense of the weak tradition,the result of the referee has a great pressure in the court.The third part is "the analysis of the reasons for the dilemma of the substantive reform of the trial".This part mainly aims at the analysis of the reasons for the plight of the central court in the process of the substantive reform of the court trial.The main reasons for the emergence of these difficulties lie mainly in three aspects:first,the other litigation procedures and trial procedures are lack of effectiveness.The lack of cohesion is mainly manifested in three aspects:the related departments are not smooth in relation coordination,the pre court meeting is not in place,and the relevant standards of the evidence are not unified.Secondly,the relevant regulations of the court trial are not clear,including the unclear regulations of the witness appearing in court,the exclusionary exclusions of illegal evidence and the excessive flexibility of the laws of our country on the trial of the court.Third,the supporting measures are not perfect,mainly including the absence of the procedure before the case court,the lack of unified guidance rules in the three departments of public inspection law,and the existence of three aspects of"controlling the weak and weak"phenomenon.The fourth part is"the countermeasures to break through the predicament of the substantive reform of the trial".This part mainly discusses how to effectively break through the plight of the substantive reform of the court trial,around the evidence showing of the trial,the facts of the case,the publication of the opinions of the accusation and the formation of the results of the referee,and the full play of the function of the pre court meeting and the perfection of the evidence.The system of people appearing in court,exploring and implementing the "mixed"mode of human evidence investigation,let the evidence of litigation appear in the court,strictly enforce the"Three Regulations",perfect the illegal evidence exclusion system,perfect the system of the simplified distributary,and make the case facts found in the court;fully guarantee the defendant's right to defend and construct the court trial pattern of the accusation and defense.Let the opinions of the accusations be published in the court,explore whether the evidence of the court trial is clearly defined by the hearing of the court,the real time in court certification and sentencing,so that the results of the referees are formed in the court,and then the objective of the substantive reform of the trial is achieved.
Keywords/Search Tags:Substantive reform of court trial, judicial reform, judicial justice, judicial efficiency
PDF Full Text Request
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