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Comprartive Research about Democratic Procedures in Criminal Procedure
Author: LinPengHong
Tutor: WangYan
School: Zhejiang Technology and Business University
Course: Procedural Law
Keywords: Criminal structure Democratic oversight procedures Democratic oversight body Democratic procedures
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 77
Quote: 0
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Abstract
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This paper proposes criminal proceedings should be under democratic oversight procedures to achieve the democratization of the proceedings, and ultimately the structure from the prosecution and defense in criminal proceedings against Liangzao judge centered referee \bottom to democratic supervision program for the top three main changes in the structure pyramid litigation. The former is a criminal structure plane model, which is a three-dimensional model of the structure of the criminal proceedings. In the legal level, explores the ideas of popular sovereignty and rights of ideological constraints of power, namely, with the following two questions as a starting point, demonstration Criminal Procedure of democratic supervision: First, why should the criminal proceedings strengthen democratic supervision program? Secondly if citizens participate in criminal proceedings is necessary, then the citizens of democratic supervision is suitable as the main? In answer to the first question, we first need to establish oversight powers, then will oversee divided into internal and external oversight, proposed as the basis for the democratic oversight as an external internalized into criminal proceedings. In this era of growing concern individual freedom people have higher requirements for the democratic process, in this regard than the most powerful argument Rousseau's \theoretical foundation. In answer to the second question, emphasizing the importance of cooperation between man and the system, and then the people of democratic oversight body of the abstract as eligibility criteria, and further raise public participation in criminal proceedings must have some basic concepts as specific democratic oversight body eligibility criteria. Then at the empirical level, respectively, from the investigation, prosecution, trial three phases introduced foreign criminal proceedings democratic oversight procedures. Mode is basically divided into due process and crime control mode two pathways to start on. First, in the investigation stage, the stage of the democratic countries in the monitoring process are relatively scarce, the author investigated the case in Germany and Britain, analyze the reasons. Nevertheless, the country is still in the investigation stage for strengthening democratic supervision to make unremitting efforts; Second, the prosecution stage is more developed democratic oversight procedures molding stage, mainly introduced in Japan Investigating System, quasi-prosecution system and the U.S. Grand Jury system; final stage of the trial, due process mode, focusing on common law countries, the jury system and the system as well as recent new developments in the legal environment in the country-specific changes produced, mainly from the jury qualification and selection, the jury composed of voting, jury duty and other aspects of treatment and rights; crime control mode, introduces the civil law is applicable in judging cases, as well as the reasons for their different jury system; finally introduces distinctive national democratic oversight procedures , this part of the independent is because these programs are often run through litigation is always, or do not have the basic structure of litigation is significant but for the democratization process, the main trial live, news spokesperson system, parliamentary ombudsman system. Finally, the introduction of the system on the basis of, respectively, the trial jury system and the reference system, the system of people's supervisors, private prosecution system and quasi-prosecution system, supervision by the NPC, the trial broadcast and other systems are discussed, and then the national comparative study of related systems By comparing the results on the construction of our system relatively reasonable suggestions for improvement. Which focuses on the jury system and judging cases, the contents of these two people's supervisors, because these systems are nearly transparent pyramid of three criminal structures typical.
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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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