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Research On The Diversion Of Criminal Proceedings Under The Background Of Trial Centered

Posted on:2020-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:C G LiFull Text:PDF
GTID:2416330596468894Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Taking trial as the center requires promoting the diversion of complicated cases and optimizing the allocation of judicial resources.The criminal procedure diversion running through the whole process of criminal proceedings and the commitment to constructing a diversified case handling procedure,which is an inevitable choice for realizing "intensive trial of complex cases" and "quick trial of simple cases".The direct purpose of criminal procedure diversion is efficiency,and the fundamental pursuit of trial-centeredness is justice.Only under the trial-centered guidance can we realize the unity of efficiency and justice by carrying out criminal procedure diversion.Just as the new criminal prosecution procedure in the Criminal Procedure Law of 2018,which is not only the legislative manifestation of the diversion of criminal procedure,but also the due meaning of trial-centered reform.This article consists of an introduction,a text,which is divided into five parts,and a conclusion.The first part is an overview of trial-centered and criminal procedure diversion.Firstly,it examines the theories,policies and norms on trial-centered,and points out the connotation and requirements of localization.Then,it clarifies the concept of criminal procedure diversion,sorts out its legislative process and recent practice,and generalizes the relation between the both is inconsistent in form and unified in substance.The second part is the principle and value of the criminal procedure diversion in the context of trial as the center.We should adhere to the principles of efficiency and fairness,substantive trial and judges' leading role,so as to realize the value of promoting the simplicity of cases,optimizing the allocation of resources and guaranteeing judicial justice.The third part is the investigation of the criminal procedure divergence from the center of trial.By analyzing the current state of criminal procedures,it is concluded that there are phenomena such as the initiation of administrative methods and the backwardness of procedures in the process of diversion.In the process of diversion,there are problems such as the formal spread of trials and insufficient protection of the rights of the parties.The fourth part is the investigation of the diversion of foreign criminal procedures following the trial.This chapter mainly discusses the simplified pre-trial investigation procedure and the diversion of termination proceedings in Russia and Italy,which are similar to our judicial tradition.At the same time,it sums up the experience of the judge's review and restriction,and pays attention to the rights of the parties.In the last part of the paper,I talked about the perfection of criminal procedure diversion under the background of trial-centered.In the process of diversion,the trial-centered requirements must be adhered to.The collection and withdrawal of investigations at the investigation stage shall be conducted according to the trial criteria.In the prosecution stage,a public hearing procedure for non-prosecution is established.In the trial stage,the function of diversion of pre-trial procedures should be exercised to ensure that the accused can simplify the choice of procedures and optimize the complexity of the trial procedure.Finally,the diversion assistance function of the criminal reconciliation process is strengthened.
Keywords/Search Tags:taking trial as the center, procedure division, resource allocation, discretion
PDF Full Text Request
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