The Study On The Litigation Avoidance System Of The Criminal Activity

Litigation avoidance system is an important litigation system and applied around the world.The establishment of ’avoidance system’ is based on the principles of natural law of "The referee shall disinterested with the case",to ensure judicial impartiality is maintained by maintaining a neutral arbiter.The first part focuses on the value of the avoidance system and the way of the avoidance system and applicable personnel.Avoidance system in criminal lawsuit, refers to the investigators, prosecutors and judges with the case or a case of the parties have some interests or other special relationship, and not to deal with the case of a lawsuit system.The value of the avoidance system mainly reflected in three aspects.The first to ensure the realization of entity justice and procedure justice;Second, eliminate crisis of ordinary people’s trust in the judicial organs and personnel;Third, promote justice and improve judicial efficiency.Avoid criminal procedure law educational world generally divided into recuse themselves to avoid two types and application.Combined with the provisions of the relevant judicial interpretations,scholars put it into voluntarily withdraw, apply for withdrawal, instructions avoiding and statutory avoid four types.Foreign withdrawal, there are many ways, and also to have certain differences among countries but in general can be divided into the above four also.The avoidance system for personnel, our country regard the criminal proceedings as a minor bodies in prosecuting criminal suspicion of the suspect, the defendant.As a result, investigators, prosecutors and judges become the main object of avoiding applicable.In the western countries, the institutional applicable object is relatively narrow, mainly for the court’s personnel.The second focuses on the challenge system of outside investigation.Compares the continental law system and Anglo-American law system in three aspects.First of all, in Anglo-American law system countries, criminal avoidance object is limited to the judge and jury.Can only submit a withdrawal application in trial stage.Applicable object of civil law criminal avoidance is mainly the judge. In addition to judge a withdrawal application in the trial stage of criminal, can also in the investigation, the pre-qualification stage judge a withdrawal application to pre-trial judge.Second, in Anglo-American law system countries, the parties and their lawyers have the right to start the criminal to avoid. Third, the Anglo-American law system countries legislation does not rule relief procedures of litigation avoidance.In continental law system countries, France has not stipulated the relief program of litigation avoidance, to a certain extent, Germany to discriminate model maintains the stability of avoidance ruled, and offers opportunities of their rights of relief for the application through methods such as case. Finally, above the enlightenment to our country.The third part focuses on the relevant provisions of the withdrawal application and existing problems in our country. Withdrawal application refers to avoid legal conditions.In common law countries to avoid the jurors mostly use "peremptory challenges", namely, applying for withdrawal without reasons.And the continental law system countries, such as the french-german day general practice "from", which must avoid reasons in application.The criminal procedure law of our country doesn’t establish the system of peremptory challenges.The fourth part focuses on the avoidance system in the specific application of the judicial practice in our country.Mainly divided into five aspects namely the challenge system to strengthen the instruction, establishing information disclosure system, including judicial committee members to rationalize allocation from the burden of proof, regulating the supervision and remedy mechanism of avoidance and improve the system in violation of the withdrawal system of the criminal responsibility.The fifth part is mainly about the introduction of peremptory challenges in criminal proceedings in our country.First of all, introducing legislation mode r epresented by the United States, For avoiding and peremptory challenges is in the United States, used the combination of the two system, namely in admitted from also stipulates the peremptory challenges at the same time, both the sele ction of jurors applies to both parties.Second, our country’s present avoidance s ystem is "because", conditional avoidance, high starting point, difficult operatio n, poor practicability, the necessity of introducing peremptory challenges system, and system of peremptory challenges which will be introduced in a certain ex tent solve the problem of avoidance implementation procedure of the burden of proof.Finally,Come up with an idea for the construction of withdrawal system of our country.