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Research And Inspiration Of Referees In American Criminal Procedure

Posted on:2020-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:D M WangFull Text:PDF
GTID:2416330623953552Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In the current judicial reform and practice,the reform of the criminal procedure law has been continuously reflected in the promotion of criminal justice.In a series of reforms,such as confession and punishment,trial-centered reform,and supervision committee system,criminal proceedings have been obtained.Great progress,but there are still many problems,such as the imperfection of the lawyers' meeting system,the insufficient constraints in the investigation stage,and the imperfect rules of illegal evidence exclusion.This paper is aimed at the problems in China's criminal litigation at the present stage,taking the problems of lawyers' meeting,compulsory measures censorship and illegal evidence as the starting point,and analyzing the lack of referee in current criminal litigation.In judicial practice,in criminal proceedings The problem is not only procedural legal issues,but procedural legislation alone cannot solve these problems,and the referee in the program is built to solve this problem.In analyzing the causes of these problems,the author believes that there are many reasons for these problems,but these problems have a common feature,that is,there is no reasonable platform for litigation,or the mechanism of prosecution and defense is missing,and thus China The problems in criminal proceedings are often not properly resolved.In the article,the author conducted a study on the magistrate in the US criminal procedure.It can be seen that the scope of the powers and responsibilities of the US magistrate is constantly increasing,from the beginning of the trial of public security cases to the pre-trial procedures.Participating in trials in various procedures,the magistrate itself is the center of how the United States establishes referees in the procedure,separating the trial judges from the magistrates,and preparing for trialswithout prejudice to the trial.This shows that the United States In criminal proceedings,in order to better resolve conflicts and problems in these litigations,the US criminal justice practice is to let special judges handle them,so that the cases can be handled well before entering the trial,saving judicial resources..This paper analyzes the role of magistrates and judicial personnel in the writ system,based on the better understanding of the historical evolution of the writ system,combined with the case law of the US case law,the subject,object and specific operation of the US writ system The process is analyzed with the aim of presenting the writ system in US criminal proceedings as much as possible.An analysis of the specificization of the writ system in US criminal proceedings.The role of the judge in the plea bargaining system.The author mainly analyzes the US plea transaction from the perspective of the neutral referee.It is different from the role of the participants in the plea bargain.This article mainly analyzes the referee from the perspective of the procedure.In the US criminal proceedings,how is the negative neutral judge The plea bargaining process is controlled to conform to the essence and requirements of the US Constitution.At the same time,it also guarantees the litigation rights of both parties to the plea bargaining.The grand jury and the magistrate judge role in the pre-trial proceedings.Analyze the historical evolution of the pre-trial process.On this basis,classify and compare the subjects in the US pre-trial system with those in the US pretrial process,especially the different pre-trial procedures under the grand jury and the magistrate.The relationship is analyzed.Based on the above-mentioned referee in the US criminal procedure,it inspires the problems existing in the criminal procedure of our country,and gives the magistrate and judicial personnel the referee function in the pre-trial procedure and the writ system to the procuratorate of our country,and the criminal prosecution of the procuratorate In the process,the referee conceived and designed the procuratorial organ to better perform the review,prosecution and supervision after the reform of the supervision committee.Analysis of the role of the court in the process of the referee,especially in the process of illegal evidence exclusion,how to make the illegal evidence pre-trial before the judge can satisfy the procedural justice and the independence of the trial through better procedural design..In the study of the US criminal justice system,the author finds that the magistrate has appeared once and for many times,indicating that the judges can be designed into different types of judges,one of which can refer to the magistrate system.In the process of criminal proceedings,the case is under review.Execution of illegalevidence or procedural matters before,the advantage of this is that it ensures that the trial judge will not be exposed to evidence and case materials before the trial,which guarantees the neutrality and negativity of the trial,but it is increasingly burdensome in our country.In the case of criminal cases,the classification within the court and the pre-trial presupposition procedure for the case will undoubtedly increase the pressure on our judges and courts.The author believes that if the system of magistrates can give the judges within the judges the functions of the illegal evidence exclusion after the prosecutor assumes part of the functions,there may be no excessive pressure on the court.Therefore,the author conceived the exclusion of the illegal certificate as a special pre-trial procedure,and assigned this function to the judges who were classified.In particular,under the post system,a credited judge can act as a trial judge,while an unrecognized judge and clerk can assume the role of pre-trial proceedings for the exclusion of illegal evidence.
Keywords/Search Tags:referee in the procedure, writ system, plea bargaining, pre-trial procedure, magistrate, US criminal procedure
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