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Research on the Judicial Review in the Criminal Procedure Law

Author: LiShiChao
Tutor: ZhouBaoFeng
School: Inner Mongolia University
Course: Legal
Keywords: The fundamental rights of citizens Criminal coercive measures Judge retention policy Criminal suit
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 27
Quote: 0
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Abstract


The so-called judges retention policy , called \matters reserved by the exercise of the judge , and only judge to exercise the principle of \, Search, Seizure and listening mandatory punishment . \China 's current Code of Criminal Procedure , the Code of Criminal Procedure of 1979 on the Code of Criminal Procedure in the Soviet Union as a template . 1996 of the 1979 Code of Criminal Procedure has been modified , modify the focus is introduced in the system of the trial the prosecution and the defense adversarial system , emphasizing the neutrality of judges to expand the rights of criminal suspects, defendants , this criminal procedure Law to modify the progressive significance is worthy of recognition , but the revised Code of Criminal Procedure in the program design , there are still a lot of omissions , resulting in violation of the principle of the judge reserved against the fundamental rights of citizens in the criminal justice . To better solve the problems in the field of criminal justice in China , I believe that , in the second revision of the existing Code of Criminal Procedure should introduce the principle of the judge reserved , combined with China's specific national conditions, to build a sound system of judicial review . The judge retention policy for the reform of the criminal justice system is an important theoretical basis , in-depth study of the need for , and the second revision of China 's Criminal Procedure Law . Of the current constitution does not reflect the the judge retention policy , and even some provisions contrary to the principle and the judge reserved , which will become China 's Criminal Procedure Law in modified barriers to the introduction of the judges retention policy . Therefore, we must in the Constitution established the the judge reserved principle , modify the relevant provisions of the Constitution in violation of the principle of the judge reserved .

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