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The Research of the Reasons and Solutions of Hidden Rules of Criminal Procedures

Author: GuYaLin
Tutor: WanYi
School: Shanghai Jiaotong University
Course: Criminal Procedure Law
Keywords: hidden rules of judicial pre-trial proceedings solutions research of the reasons
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 150
Quote: 1
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Abstract


Hidden rules of judicial of Chinese Criminal Procedure Law are one of the problems in criminal practice. And it’s a big topic, this article only study the unspoken rules of justice of pre-trial criminal proceedings, partly because of the limited space, for another, the pre-trial judicial procedures’hidden rules are universal, its characteristics are representative, and the pre-trial judicial procedures are very important in Chinese Criminal Procedure Law.This article begin with the concept of hidden rules in the Criminal Justice, then by analyzing the characteristics of the hidden rules of criminal justice , that readers can understand the basic content of hidden rules of criminal justice in Chinese. Then through the analysis of the typical case of criminal proceedings, find there exist several phenomenon in criminal pretrial procedure; they are no filing no solving the case and delays in the proceedings. Through researching the phenomenon of hidden rules of justice to explore the generation and the inherent reasons, including the influence of historical and cultural traditions of Chinese society, China’s Criminal Procedure Law imperfect systems, administration and localized of judicial power, and another factors led to the occurrence and existence of the unspoken rules of justice; and hidden rules of the Criminal Justice destroyed the authority of the of criminal justice, bring in negative effects such as judicial corruption and judicial injustice. All of the sick influences require hidden rules of criminal proceedings must be eliminated. The article mainly research on three aspects: the establishment of judicial authority, the return of procedural justice; put the concept of the primacy of law into practice, remove the administration of the justice system to ensure judicial independence; strengthen restricting the power, and improve judicial supervision.

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