英语论文网

usion of illegal evidence and other procedural rights for defendants who have lost the opportunity for further judicial relief .

Above we focused on Criminal Procedure of the " Practice" status quo analysis of China's Criminal Procedure verdict defects . In response to these shortcomings, we should mainly from the following aspects in order to improve our Criminal Procedural referee mechanisms :

Expand the scope of procedural referee , the sole jurisdiction of the court to establish the dominant position
Including criminal courts should be established in the pre-trial proceedings , including the entire criminal proceedings procedural jurisdiction dominant position . That the Court 's procedural referee extended to the pre-trial stage of the investigation , prosecution conduct program review of procedural issues , such as extended detention , unlawful obtaining evidence and render a decision , which is actually constructed judicial review of pre-trial stage regime . Of course . In order to prevent a judge on the real problems have prejudged . Should organize a special pre- judge or build systems to engage in such pre-trial proceedings for review. The construction of these systems has yet to judicial reform and institutional reforms further .

Width on procedural violations of sanctions Fan Letter
Sanctions for procedural violations must have sufficient breadth of scope , should be able to cover all acts of violation of the criminal proceedings . Colleagues should increase procedural violation sanctions, and should be based on the degree of violation of procedural provisions different levels of sanctions . For minor procedural violations can be made to correct procedural errors Referee: For serious procedural violations , violations of the human rights situation defendant should be given severe sanctions .

Improve procedural referee starts the program with the referee
As a basic principle , procedural referee must carry out trial without complaint and judicial passivity concept , that is, both parties put forward concerning procedural application as a starting basis. Of course , taking into account China 's judicial philosophy and modes of trial , starting in the procedural aspects of the referee , the judge can take the initiative to start the necessary procedures for this referee .

About procedural referee program mode. Procedural referee should be kept in the form of a hearing , " which is under the auspices of the court , the prosecution and defense to comment on the dispute and debate , and then by the court after hearing the parties on the basis of opinions and debate , to make a special award ." [ 15 ] When necessary , you can notify understand the controversial case witnesses.

Reasonable allocation of the burden of proof , reasonably determine the standard of proof
To play its proper procedural referee litigation function, it is necessary to establish special rules of evidence . In order to qualify as evidence in court , evidence , cross-examine the establishment of minimum rules of fair play . The most critical is clear how the burden of proof and standard of proof should be assigned to what extent .