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Several Studies Are Before The Meeting

Posted on:2016-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:C N HongFull Text:PDF
GTID:2296330503451017Subject:Law
Abstract/Summary:
Our country in 2012 the newly revised "criminal procedural law" the one hundred and eighty-second regulation meeting system before the court, the supreme people’s court on the applicable "criminal procedure law of the People’s Republic of China > interpretation of applicable condition, the content of court before meeting made specific provision. Establishment of the court before meeting system, it is a big step forward in our country points. Avoidance, the topics of the meeting before the court trial the witness list, to the jurisdiction of the court, etc., will solve the procedural matters in court before the meeting, to improve the efficiency of lawsuit and realize the centralized trial cases is of great significance.Court before the meeting was called in court, the defendant on three parties involved in a pre-trial preparation procedure. For the concept of the division before the meeting, can understand from three aspects: first, the court before the meeting is a kind of procedure before court. It is mainly to prepare for trial; Second, the court before the conference is "control, able to contend," review of three parties involved in the meeting. Before the court conference participants including the defenders and agents AD litem, the public prosecutor, the defendant; Third, the court before meeting with relative independence. Judges of the court before the conference is organized by itself, the formation of the effectiveness of the desired item is independent of each other. In the understanding of the concept of court before the meeting, it must be with related concepts such as before the court investigation and court review phase. Court conference’s main goal is for trial before removing obstacles, avoid the trial delay caused by some procedural problems. As a new system, criminal proceedings before the court session has its independent value, its value is mainly manifested in three aspects: to improve the efficiency of lawsuit; To protect the defendant’s procedural rights; The clear case issue.The operation of the court before the meeting without supervision, procuratorial supervision is one of the core part. People’s procuratorate’s supervision is determined by the nature and status of the procuratorate; Is based on the protection of defendants’ human rights and meet the needs of the judicial justice. Procuratorate to the supervision of the court before the meeting is post-supervision, procuratorate internal departments of supervision, a clear division of labor, in order to better fulfill their duties of supervision. Procuratorate to supervise the court before the meeting of the scope is very broad, including initiator to the court before the meeting, the host way, participate in supervision over the aspects such as subject, content and system of development and perfection for the court before the meeting is of great significance.Illegal evidence exclusion is an important content of court before the meeting. If we can meeting in front of the court will be ruled out, it is of great significance to protect the litigation rights of the defendants. Around the court in China also in the practice of the system through before a court session to hear comments and problems of illegal evidence exclusion has received the good effect. The problem of illegal evidence exclusion in court before the meeting, must first clear the burden of proof of illegal evidence exclusion and prove standards. Third section in this chapter to the court before the meeting of the illegal evidence exclusion of the launcher is analyzed, at the same time, has been clear about the division of the illegal evidence rule out before the meeting started. Start way including the functions and powers in accordance with the start and start two modes according to application. The effectiveness of the court before the meeting about the value of the court before the meeting, through the atrium effect of excluding illegal evidence clearly before the meeting, help to improve the efficiency of lawsuit and safeguard the court case.Juvenile court before meeting system in our country at a preliminary stage, to explore the court all over. Minors’ physiological and psychological are not mature stage, a preliminary meeting helps to create a relaxed atmosphere, help minors a criminal action is smooth. Comprehensive survey and minors in system as well as the widespread practice of juvenile criminal justice, the construction of minors court before the meeting of our country should be included in the among them. At present, our country in the juvenile court before meeting a lot of problems in the practice, including the participation subject not clear, legislation exists in the absence of law, the effect is not clear. For minors to perfect the court before the meeting, the article separately from the scope of application, the participation main body, meeting effectiveness of the proposed.
Keywords/Search Tags:pretrial conference, prosecutorial supervision, Illegal evidence exclusion, minors
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