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Criminal trial the program before the program triage mechanism

Author: GaoZuo
Tutor: WuHongYao
School: China University of Political Science
Course: Procedural Law
Keywords: Pre-trial procedures shunt Adversarial system of trial Shunt the main Shunt object Shunt environment Shunt procedures
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 180
Quote: 1
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Abstract


Marked modification of the 1996 Code of Criminal Procedure, Criminal Law in China began to draw on the common law adversarial system of trial, made a major adjustment and reform of trial. Reconfigure the prosecution and the defense to the judge, functions start with the basic direction of this reform is: \However, the fate of any litigation system can not waive contains some inherent contradictions. \2 \the results due to the current prosecution system does not have the filtering role of the common law countries, pre-trial procedures \the highest income smallest attempt. \: on the one hand, the minor, the case is simple, the dispute is not the case unnecessarily gone through a long tired calf confrontation of witnesses, debate activities, minor and unrelated to the issue of redundant, pesters, slow down or even delay the trial process; the other hand, complex and controversial cases, the relative lack of judicial resources invested and difficult to fully confrontation. \adversarial system of management of the body of procedural law; protect the function of the adversarial system of trial structure play depends on a pre-trial proceedings, the \Program from the pre-trial diversion start to take incremental steps to gradually go from the microscopic aspects of the technical improvement of the macro aspects of a fundamental change of the \This paper the origin starting from the theory of the Procedure Division to investigate the plight of China's criminal prosecution legislative and judicial, to seek the fundamental way out - to introduce and improve the pre-trial procedures for triage mechanism in the current litigation mode, select the appropriate shunt before the commitment to review future main and shunt mode to explore the shunt main body - the role of prosecutors in the direct transition to the adversarial system by the super-powers doctrine remodeling, investigated as a legitimate starting point to expand the prosecution discretion; triage environment - the ordinary people and the victims, two pre-trial proceedings shunt decision and procedures involved in triage decisions legitimate basis; assess triage object - the correction interests of the suspect, as the basic way to expand the prosecution discretion; the end of the center of the diversion of pre-trial proceedings - prosecution of the exercise of discretion and regulation put forward a sound proposal.

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