英语论文网

mplete understanding of the meaning and significance is unclear, or if there is fear of hardship , unwilling to engage in a public trial . Some Durenshenpan the case , most of the retrial , and many cases of second instance , do not apply the principle of open trial . There's no public trial court in disguise , such as : multiple court cases , for the first time after the announcement after the hearing is not a time trial , so that the public is unable to continue to attend the trial ; although be announced publicly trial, but restrictions on civil free access to the courts ; others in order to pursue the trial results will not open and public trial . [ 7 ]

Undue restrictions on the right to counsel . Heavy prosecution views and light counsel opinions. Arbitrarily limit the lawyers debate the content and timing . Some of the verdict before the trial court already had opinions , lawyers in court defending equal formality , and finally 􀀂 your debate you, I sentenced me , even a judge threatened to " I can not argue less you judge a few years , you have to I would also argue sentenced to several years more . "

Second instance blur . Court on the lower level within the system is still in the first instance in the case of stage of frequent communication and exchange , lower courts to the higher people's court asked the report , the higher people's court to give lower courts opinion guidance , leading judgment of the court of first instance has been reflected higher people the Court's opinion , the second instance procedure completely become a decoration. Misjudged accountability system implemented in recent years has prompted the development of this situation .

Extended trial. The extended detention as an advance criminal penalties , free to modify the penalty verdict implementation period , the effective date of the judgment , which is released from prison when the defendant , the defendant did not appear to have nothing to lose .

First, Second, traditional Chinese society has always been self-sufficient peasant economy as the foundation, in which the natural growth of the economy under the conditions of the ancients up attitude toward nature , the key idea is - harmony. Confucius said: " hearings , I still people. Shall also make no litigations ! ." [ 8 ] This means that litigation is a social evil and immoral behavior , no litigation society is ideal peaceful world . Therefore , to persuade defendants , interest litigation has also become the main task of ancient Chinese officials and investigators purpose. Justice officials in the trial cases concerned only how patriarchal ethics to persuade the parties to reduce or eliminate litigation , often do not pay attention not to the normative and procedural legitimacy , procedural breaches of law have historically been very serious.

Again, the essence of Chinese traditional legal culture of anti- individualism as the standard , the emphasis is on individual state and collective obedience and dependence . In the Confucian view, each person's " body is affected by the parents ," between father and son should not be equal, the child of the parent , Wife to Husband , the minister of the monarch bears are natural obligations. Individual promising justice , ideals, feelings of people claim their rights are considered heretics by secular criticism. Individual rights, individual rights will