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刑事庭审制度研究

作者:硕博网    文章来源:中华硕博网    点击数:    更新时间:2008-5-3
中华硕博网(http://www.china-b.com)全球500所高校指定报名中心--刑事庭审制度研究
lowed is that the accused and victim should be questioned in the first order and to adjust the remaining order of the court investigation in accordance with the situation. The second principle is that the prosecution proceeds first then comes the defense and the production of evidence should be conducted accordingly. The third principle is that the judge, the prosecutor and the defense jointly determine the sequence of the court investigation. The judge leading the court trial is not the right proposal to follow. In addition, objections and argumentation system should be encouraged in the trial process. In the court investigation process, it is important to allow objections to be raised or rejected, which will guarantee the justness and right order of the court trial proceedings. Judge’s intervening on his own initiative is the apparent feature of the objection system in Chinese criminal court trial proceedings. Argumentation can roughly be divided into argumentation at the phase of court investigation and argumentation at the defense phase. Argumentation at different phases has different contents and functions. Thirdly, relevant issues with regard to the delivery of evidence and the case reading after trial should be properly addressed. The making of records of the court trial and the reviewing and verification of judgment should tally with the reform of the court trial proceedings. Finally, alterations of criminal charges. The public prosecutor does hxdye the power to alter, to add to or to withdr

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