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Research On The Reform Of Investigation System From The Perspective Of Trial Center

Posted on:2019-11-08Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2416330572455758Subject:Law
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The relationship between investigation and trial has been paid much attention in the field of criminal justice in our country,and its essence is the game between investigative center doctrine and judicial centralism.For a long time,due to the social reality gradually rise and deviate from the values of the criminal litigation investigation center in promoting the development of China's rule of law at the same time,it inevitably brings a series of problems,whether the system of criminal lawsuit sweep down irresistibly from a commanding height,or fresh visible criminal cases,malpractice is not recognized for the investigation center is everywhere,bring the subject of criticism.The party's the fourth Plenary Session of the 18 th CPC Central Committee adopted the "decision China Central Committee on several major issues comprehensively promote the rule of law"(hereinafter referred to as the "decision")explicitly proposed to promote the trial centered litigation system reform,to ensure that the facts in the case investigation,prosecution by the legal inspection.Fully implement the evidence collection,in strict accordance with the rules,fixed,preservation,evidence review and application,improve the witness,appraiser system,ensure the trial in ascertaining the facts and evidence,protect the right of action,play a decisive role in justice." Trial center is trial and living in the center of the core,the whole system of criminal proceedings and trial activities around the construction and development,it must require the investigation organ,public prosecutor,executive organs in carrying out their business,must be strictly around and in the service of judicial activities.The author believes that the introduction and construction of the trial centrism bring new opportunities and challenges to China's criminal procedure system.We start from the actual situation of our country,learn the advanced concept of the rule of law in foreign countries,and hope to establish the judicial centralism.The advanced experience of the western countries ruled by law is constantly changing and developing.In this article,based on our country's judicial practice,macro discussion of the modern sense of the trial center on the micro analysis of China in recent years,the typical miscarriages of justice,the two together to support the proposition that " the trial center under the vision detection system,and then putsforward the corresponding measures for the exploration of the trial center under the principle of criminal investigation system reform.
Keywords/Search Tags:Investigation center doctrine, Judgement center doctrine, Transfer dossier center doctrine, Trial center doctrine
PDF Full Text Request
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