2011Years

(1The evidence system (;)2A procedure)(3)The procedure for review of death sentence (4The procedure of second instance)

2010Years

(1The evidence system (;)2A procedure)(3)Executive program (4The trial overview)

2009Years

(1A procedure);(2)The second instance and the retrial procedure(3)Evidence system(4Execution of the program)

2008Years

(1)Incidental civil action(2A procedure)(3)Evidence system(4)Coercive measures

2007Years

(1The procedure of first instance; ()2)Filing and investigation program(3Compulsory measures)(4)The second instance and the retrial procedure

2011The judicial criminal procedural law point list

Chapter

Total score

Examine the details

Basic principle

2

The suspect, the defendant has the right to defense principle (2Points)

The criminal suit subject

0

Have jurisdiction over

1

The jurisdiction by level and its transfer (1Points)

Avoidance

1

The procedure (1Points)

Defence and representation

0

Evidence

29

The theoretical classification of evidence (1Rules of criminal evidence (Branch)1Points); the examination of evidence and the exclusionary rule of illegally obtained evidence (1Points); illegal evidence exclusion rules (2Points); the death penalty cases (the object of proof2Points); removal procedures, illegal evidence, the evidence relevance judgment facts (rules22Points)

Coercive measures

3

The socialist concept of rule of law and the guarantee way (bail1Points); condition of arresting (evidence2Points)

Incidental civil actions

1

The program file an incidental civil action (1Points)

During the service

1

The calculation of the time period (1Points)

File

1

Case supervision (1Points)

The investigation procedure

3

List... As wanted.1Points) (; identification2Points)

Procedures for examination and prosecution

1

Not to prosecute the relief program (1Points);

The trial overview

3

The people's jury system and the principle of central judgement (1The collegial panel (divided)1Points), submitted to the judicial committee to discuss the case program (1Points)

The first trial procedure

10

The content of criminal judgment (2Points); (of sentencing procedure2Points), simple procedure to an ordinary program (2Points), the characteristics of private prosecution proceedings (2Points); apply the ordinary procedure legal case defendant confession cases (2Points)

Procedure of second instance

4

The main exercise the right to appeal (1Points); the death penalty cases of the second instance procedure (2Points); the second instance of the remand (1Points)

The procedure for review of death sentence

5

The legal situation of suspension of execution of death penalty commutation restrictions (2Points), restrictions on commutation of suspended death penalty trial procedure (3Points)

The procedure for trial supervision

3

The procuratorate to appeal (2Points); for the treatment of special cases and ruling retrial procedure (in the1Points)

Executive program

2

Program execution of fine penalty (2Points)

Juvenile criminal procedure

1

Procedure of criminal case (minors1Points)

Foreign criminal procedure

2

Foreign criminal procedure law (2Points)

The relationship between criminal law and criminal law

Difference

The criminal law (Substantive law) -- crime and penalty problem;

The Criminal Procedure Law (Procedural law) -- criminal prosecution procedure, prosecution authorities, judicial authority, the parties and the litigation rights of litigation participants and the legal relations of mutual.

Contact

Both have the common objective (punishing crimes, protecting human rights, maintaining the social order, for the purpose of restricting state power); criminal procedure law guarantee realization of the criminal law; criminal procedure law has its own value¹.

The relationship between the criminal law and the rule of law

^②

★ ★

The criminal procedure law and the rule of law

The law of criminal procedure in the realization of the rule of law state role,Embodied in the relationship with the Constitution.

The Criminal Procedure LawStandardize and limit the state power, thus becomingThe guarantee of citizens' basic rights and freedomThe cornerstone. And the state power to regulate the exercise and citizen's basic human rights and freedoms can be fully ensured, is the basic symbol of the country under the rule of law.

The criminal procedure law and the Constitution

Relationship

On the one hand manifests its important position in the constitution, that the constitutional provisions regarding the procedural terms become a fundamental symbol of the country under the rule of law;

On the one hand, shows that it plays an important role in maintaining the constitutional system. Specifically: first, toThe criminal procedure law to ensure the realization of criminal lawSecond, toTo achieve through the implementation of the criminal procedure law itself.Be careful.Respect for and protection of human rights^③Write "Criminal Procedure Law" in the task-- "Criminal Procedure Law" article2A)

Crime and punishment

The protection of human rights

The punishment of crime -- the suspect, the defendant; the protection of human rights -- the public,Criminal suspects, defendants and all other participants in the proceedings. The two is the unity of opposites.When a conflict occurs, should be focused on theThe protection of human rights^④.

Procedural justice and

Substantive justice

1Procedural justice refers toProcessJustice, the concrete content includes: procedural participation^⑥Follow the procedure relief program,^⑦, open procedure^⑧Procedure neutrality, procedure, equality, the stability of the procedure, procedural guarantee^⑨Substantive justice isResultJustice.⁵

②The two is the unity of opposites.When a conflict occurs,Procedure justice^⑩.

Justice and

The efficiency of litigationJustice and efficiency

1Strict control ofDuring the period of pre-trial behaviorThe defendants, request delay zone to judge before;

②YesCustody periodStrictly limited;

③The trial followedDon't interrupt the trial (Trial)Principle.

④Establish broadThe simple procedure (Every year the compulsory)Accelerate the processing of criminal cases.

The type of power

Main power

Authority

The power of investigation

The public prosecutor, the national security, the prison, the security departments of the army, for the investigation of smuggling crime

Investigation of crimes¹Execution of arrest, pre-trial detention,^②

The procuratorial power

The people's Procuratorate

Approval of arrest, prosecution, procuratorial organs directly accept cases investigation, prosecution

Jurisdiction

The people's court

Trial^③

Special attention:1Except as otherwise provided by law,OtherAnyOrgans, organizations and individuals have no right to exercise such powers.

②Proceedings of many countries in the world to implement"The trial center"In China, the three organs of public security division of responsibilities, mutual coordination, mutual restriction.

Containing Righteousness

Violation of legal procedures, will cause the program to invalid. What say here "legal", refers to all and punishment

The civil procedural law.

Reflect (the consequence of illegal procedure)

At present in ChinaOnly the consequences of illegal procedures:Very easy to test every year to see

1The exclusionary rules of illegal evidence(Not all(see table)-36, 38);

②The procedural law of second instance,Rescind the original judgment, the remand(Criminal Law Article227A);

Immediate implementation of the death penalty case check, the Supreme People's courtThat the people's court violatesThe legal proceedings, which may affect the fair trial,The ruling shall not be approved, and revocation, remand the case for retrial.

④The procuratorial personnel and to avoid compliance with the statutory reasons of challenge, acts of the litigation before the decision on withdrawal of the evidence and the effectiveness of the,By the Procuratorial Committee procurator or according to the specific situation of the case decision("high" the rules30A).

The people's court, the people's Procuratorate shall independently exercise their functions and powers

Who?

The people's Procuratorate

The people's court

Independence from whom?

Not affected byAdministration(Not any)^④Organs, social groups and individualsInterference.

The degree of independence?

On the lower level is "leadership", the procuratorial integration, collective independence.^⑥

The subordinate supervisory relationship, not "request, report", the only through trial supervision⁵

On the lower court trial business relationshipLast year the new interpretation

Primary, intermediate people's court at a higher level court range^⑦

1Major, difficult, complex case;

②The new types of cases;

③Great applicable significance of law cases;

④The people's court that has jurisdiction for adjudication of the case.

Remand

The court of first instanceAlready ascertain the factsIn the case, the court of second instance in principleMust notRemand to facts unclear, insufficient evidence on the grounds.

The second instance court retrial ruling, should be in the ruling elucidated in detail reasons and legal basis for the retrial of remanded.

The court of second instance for the original judgmentFacts unclear, insufficient evidenceRemanded,In principle(Amendment changed, only once)Only the remandOnce.

The Supreme Court's supervision and guidance

The trial of the case,The development of the judicial interpretation orNormative documents, releasedInstructiveCaseMeeting, business organizations, the trial judge training etc..

The Supreme People's court found that the Supreme People's court for trial business documents and existing laws, judicial interpretations inconsistent,Shall be ordered to correct.

The high court supervision and guidance

The trial of the case,FormulateThe trial operationMember, releaseReferenceCaseMeeting, business organizations, the trial judge training etc..

Intermediate court supervision and guidance

The trial of the case,The summary trial experienceThe organization form, the training of judges

Supervision of species

Supervision mode

Case supervision

The public security organs that do not file (or file)Reason, reason not established,RequirementFile (or revoke the case).

Investigation, review and prosecution supervision

1Through the review of arrest and prosecution investigation supervision;

②YesCorrect opinions put forward in the course of investigating illegal cases.

Trial supervision

The supervision of the trial process:After the courtThe ProcuratorateThe overall namePut forwardWrittenRectification opinions; ("high law interpretation"185A)

The supervision on the outcome of the trial:(the second instance, protest filed retrial procedure).

Execution supervision

The penaltyExecutionThe activities of supervision;

The penaltyChange activitySupervise (put forward rectification opinions). (on the temporary execution outside prison, commutation, parole supervision) ★ ★

Meaning

1Determination of the defendantGuilty of powerByThe people's court^⑨To exercise unified, otherAnyOrgans, organizations and individuals have no right to exercise.

The judgment of the people's court shallIn accordance with the lawMake.Has not passed

Reflect

The distinction between criminal suspects and the accused (inProsecutionAs the boundary);

The burden of proof to establish the prosecution negative defendant guilty, the defendant assumes the obligation to prove his innocence;

③The innocent treatmentLack of evidenceNon prosecution (the stage of review and prosecution) or acquittal (first instance stage).