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The Clarification Research in the Criminal Procedure Law

Author: HeWeiMin
Tutor: YangKeZhong
School: East China University of Political Science
Course: Procedural Law
Keywords: Judge 's Criminal suit Procedural fairness Judicial credibility
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 29
Quote: 0
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Abstract


Explain in the system is a basic system of civil law in the countries and regions Civil reasonable basis for its existence is to limit debate the doctrine and punishment 'and correction to correct the abuse of absolute adversary litigation, the complexity of the procedure, the referee delay other defects. With the deepening of the reform of the civil litigation in various countries, the the Two Legal civil action mode was the trend of continuous integration, strengthen the Judge 's role as the countries \A time when our civil litigation mode transition from super-authority principle adversary, as the adversary \However, interpretation system produced in civil litigation Procedure Law of academic research perspective has been limited to civil proceedings, but the judge full explanation of the background of the system contents, examination and analysis of the effectiveness of the role, combined with our ongoing criminal Procedure Law to modify the system can be found in criminal proceedings in the same adaptive. This article, the author of the Civil Procedure Judge 's similar to the criminal proceedings and civil litigation, criminal proceedings can draw on the basis of Judge' s analysis of deconstruction, to explore a full explanation of the theoretical basis of the Criminal Judge, reflection of China's criminal trial judge Role Absence, criminal litigation protection of the rights of the parties to the lack of the status quo, based on the real problem in our the existing Criminal Litigation mode transformation, and put forward some ideas to build Criminal Judge 's, including the Criminal Judge full explanation of the concept, characteristics nature, value, the scope of the exercise phase, the exercise, and the associated measures. In addition, the introduction and conclusion, is divided into four parts. The first part briefly introduces produced in the civil action, the judge 's interpretation of the concept of different national and regional legislation and theoretical understanding of its nature, on this basis to explore the feasibility and necessity of the judge' s interpretation of the introduction of the Criminal and then come to the introduction of the judges in criminal proceedings should have the characteristics of the Explanation and inform Criminal, Criminal command concept of a comparative analysis. The second part discusses the general theory foundation build Criminal Judge 's mechanism with Criminal theoretical basis. General theoretical basis, including equality before the law, the right to a fair trial, the constitutional right to appeal, the theoretical foundation of the criminal proceedings have the purpose of criminal proceedings, the value of the Criminal, Criminal mode. The third part of the analysis of the full explanation of the status quo of China's Criminal Judge, first introduced to the judge 's interpretation of the status quo analysis told Criminal Case analysis, and Criminal Judge' s system lacks explained by light into the deep below system constructed to pave the way. The fourth part of the construction of the system of the Explanation of China's Criminal Judge, divided into: one litigation idea of ??transition; judge 's interpretation system specific building, including: a full explanation of the applicable stage, the way, the role of object limits as well as a full explanation of the consequences.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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