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On The Construction Of The Criminal Defendant Reply System

Posted on:2020-08-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y J XiangFull Text:PDF
GTID:2416330590986508Subject:Litigation
Abstract/Summary:PDF Full Text Request
Up to now,the system of defendant's reply has not yet been established in China's current Code of Criminal Procedure.The absence of the system of defendant's reply leads prosecutors to unilaterally influence judges through files and documents before the court session.In a preconceived way,judges have a one-sided subjective impression of the defendant to a certain extent.If the communication opportunities and bridges between the defendant and the judge are not increased before the trial,this prejudice against the defendant will easily bring about unfair trial results.In addition,how to solve the problem of a good many cases but insufficient staff and realizing pre-trial diversion is also crucial for the Procedure of Quick Judgment under the Framework of the Lenient System of Pleading Guilty and Penalty.Taking the defendant's reply system as the applicable premise,it is very necessary to guarantee the implementation of the Quick Judgment Procedure under the Lenient Procedure for Pleading Guilty and Punishment,so as to discover the real entity,safeguard the defendant's rights and interests,and improve the efficiency of litigation.The author will start with the necessity and legitimacy of constructing the defendant's defense system,put forward the impact of the absence of the criminal defendant's defense system and the possible adverse consequences in practice,and reflect on the existing problems and improvable aspects in safeguarding the defendant's principal status in our country,then drawing lessons from the defendant's defense system of the Civil Procedure Law of our country,and taking theprocedure of arraignment of the United States,France and other countries as examples,from the point of view of the system of denial and pretrial trial,with a view to the existing problems in our judicial practice,adopting the equal value of prosecution and defense and procedural justice as the guiding basis,combining theory with practice,put forward some personal suggestions on the construction of the criminal defendant's defense system from the aspects of the subject,type,starting mode,time and safeguards of the defendant's defense in the hope of making contribution to filling the legislative gaps in the Criminal Procedure Law,easing social contradictions,safeguarding judicial justice and social equity,and promoting the construction of a criminal defendant's defense system with Chinese characteristics.
Keywords/Search Tags:Defendant's Defense, Equality of Prosecution and Defence, Procedural Diversion, Procedural Option
PDF Full Text Request
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