Seeing the improvement of the criminal trial structure from China’s criminal courtroom arrangements (tribunal design) |
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Authors: | Jianlin Bian Jingjing Li |
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Institution: | (1) China University of Political Science Law, Beijing, 100088, China |
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Abstract: | The setting of criminal court has become an important representation of the criminal trial structure due to its visual and
vivid reflection of the legal position and relations among the three parties of litigation, i.e. the prosecuting party, the
advocating party and the judge. As a result of the influence of ancient “inquest” centered trial mode, lack of the defendant’s
right to silence and incomplete revolution of the criminal trial mode, the existing criminal court setting features an umbrella
shaped structure. To reform the criminal trial structure in China, we should eliminate the air of “inquest” from the existing
court interrogation mode, strengthen the hearing of evidence and set up a equiangular triangle shaped trial structure of neutral
trial, equality between the prosecuting and advocating parties and litigant oriented.
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Translated from the Jurist Review, 2005, (2) (in Chinese) |
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Keywords: | criminal court court setting criminal trial trial structure |
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