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The Reflection Of Our Country Criminal Prosecution Way Change

Posted on:2016-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q LeiFull Text:PDF
GTID:2296330467495362Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal prosecution is the public prosecution organ to the court to the case file and the mount the amount of quantity. On the surface, do not have much value and significance of research. In fact, due to the way of criminal prosecution in the investigation and trial stage of the intermediate links, affects the restriction and before court trial security two important link, the future role, we have to pay highly attention to this.The article begins with introduction to our country criminal prosecution way through three times of change. From the way in1979transferred to all case file, court for substantive examination in1997transferred to the main evidence photocopy, review form to all the latest changes in2012transferred the case file, examination as to substance. To draw out the second part of this article that analyzing the value of criminal prosecution way, Such as reducing the judge prognosis, let public litigation right to restrict, security trial essence. To study the value of the criminal prosecution way, public way of how to draw lessons from foreign advanced place, is the third part of this paper. Through the entire case transferred and a copy of the bill of complaint, under the in-depth research and analysis of two types of public prosecution have its advantages and disadvantages. Complaint the prosecuting and defending parties in socialism can promote, realize the spirit of adversary system trial mode, avoiding the judge prognosis, realizing the trial essence, trial center doctrine. But because the judge before the court without knowing all the books materials so it is difficult to prevent evidence raids, affecting the efficiency. Similarly, the files is conducive to judge better able to find the case facts, ensure the realization of the right to defend, but prior contact case to make the judge prognosis, causing the trial become a mere formality.Two kinds of public prosecution in foreign countries as a reference how to run the basic situation, with the rule of law of our country’s existing environment to do, avoid its harm, improve the value of it is urgent to solve problems. To set up the criminal prosecution tribunals, the system of investigating magistrates, strengthen against, the de perfect the principle of direct verbal and refining system of court before the meeting is important.
Keywords/Search Tags:Criminal prosecution way, Transfer the entire case, The plaintiff a socialist
PDF Full Text Request
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