| 预审轨制是刑事诉讼中一个主要的审讯前途序，依照传统不雅点，这一轨制起源于法国，于中世纪13世纪中期随同着纠问式诉讼轨制发生，这一轨制不只对法国的司法轨制发生了很年夜的作用，并且对全部欧洲年夜陆，乃至全部世界都发生了分歧作用。今朝世界上各重要法治国度刑事诉讼法中都划定了较为完美的预审法式。然则跟着社会的成长，这项轨制也逐步开端裸露出愈来愈多的成绩，重要表示在，强纠问式特色与当事人主义理念的激烈冲击。预审轨制的存废、改造的偏向和预审法官的位置成绩一向以来都是法国的司法轨制改造中的核心成绩。而与法国相反，法语论文题目，我国的刑事诉讼法中预审法式却出现出了“缺掉”的状况。跟着刑事司法改造的成长，预审轨制在中国的这类“缺掉”对我国的刑事审讯轨制的作用愈来愈年夜，乃至给全部刑事司法运动都带来了严重的消极效应。是以在研究法国式的预审轨制成长进程和优缺陷的基本上，我国应当自创其经历和经验，同时捉住我国刑事诉讼法行将停止再修改的契机，随机应变，以期在中国也能树立一种迷信公道的“中国式”预审轨制。全文共分五章，共约三万二千字。本文起首在综述中论述了成绩的缘起和研究的意义，包含选择以法国预审轨制为例的缘由和法国和我国在预审轨制上的可比性。注释第一章起首对预审及其相干概念停止了界定，接着从预审轨制的发生开端，对预审轨制的成长汗青做一扼要回想，法语论文网站，并以法国预审轨制成长的三个分歧汗青时代为分界点，从法国的社会成长和变更的实际基本上剖析了预审轨制改造成长包含重复的缘由。并在此基本上瞻望法国预审轨制的成长偏向。文章第二章再以法国预审法式的重要内容为线索，进一步从纵向去懂得预审的权利主体、预审的审核对象、预审的审查内容、预审的运作机制和预审的救援机制。第三章在对法国预审轨制周全懂得的基本上，进一步懂得法国预审中两个根本的准绳，然后评价法国预审轨制的优缺陷。第四章将从我国预审动身，起首比拟法国预审轨制和我国预审在概念上的异同，然后分离从侦察法式中评价我国的“侦察预审”，提出小我对我国今朝的侦审联合轨制的意见；和从庭前审查告状动身将法国预审轨制同我国的审查告状比拟，在此基本上提出在中国树立中国式预审轨制的详细构思。 Abstract: Pre-trial rail system is a criminal procedure in a major trial future order, according to traditional indecent point, the track of origin in France, in the middle of the 13th century, along with the correct ask lawsuit type rail system, the rail system not only on the French judicial system occurred very big impact, and to all of continental Europe, and even the whole world have undergone different effect. At present, the world's major countries under the rule of law in the criminal procedure law has delineated a more perfect pre. However along with the development of society, the rail system gradually began to expose more and more achievements important representation in strong inquisitorial type characteristics and the parties of the Marxist concept of fierce impact. Abolition of the pre-trial rail system, transformation of the bias and the pretrial judge position performance always is the French judicial system reform in the performance of the core. In contrast with France, in the criminal procedure law of our country, the preliminary examination procedure has appeared "missing". Along with the development of criminal judicial reform, pre-trial rail system in China this kind of "missing" the impact of China's criminal trial system becomes greater and greater and to all criminal justice movement brought serious negative effect. Is to study French pre-trial track of growth process and advantages and disadvantages, and China should be their own experience and experience, also catch of the criminal procedure law of our country is coming to an end and modify it, resourceful, in order to in China can also establish a scientific and reasonable "Chinese style" pre rail system. This paper is divided into five chapters, a total of about thirty-two thousand words. In this paper, first of all, in the review discusses the origin and research achievements, which contains the selected to French pretrial rail system as the example of reason and France and China in the pre-trial rail system can be compared. Notes the first chapter to the pre-trial and coherent concept defined, then from beginning of prejudication system of rail, the rail system for pre development history of doing a brief recall, and the French pretrial track of growth of three different historical era as the cut-off point, from the French social development and change of the actual analysis of the pre-trial rail system reform and development contains repeated cause. And this is basically look forward to the development of the system of French pre bias. The second chapter again to French pretrial French important content as a clue, further from the vertical to know the right to a preliminary hearing subject and object of the audit of the pre-trial, pre-trial review content, pre operation mechanism and pre rescue mechanism. In the third chapter of French pretrial rail of comprehensive understanding and further understand the French pretrial in two fundamental principles, and an assessment of French pretrial rail of the advantages and disadvantages of. Chapter four will from the start of the pre-trial China chapeau compared French pretrial rail system and China's pre-trial differences in concept, and then separated from the French reconnaissance evaluation in China "reconnaissance and pre proposed person of our current investigation and trial combined rail of opinions; and from pre-trial examine sue started the French pretrial rail system with our country examine sue compared. On this basis, proposed in China to establish a Chinese pre-trial rail system detailed design. 目录: |
