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法學(xué)專業(yè)畢業(yè)論文外文翻譯----死刑聽證制問題研究-法律法學(xué)-文庫吧資料

2025-05-21 22:26本頁面
  

【正文】 e). pilation of cases has not been systemized in China, and the pilation is not structured and can not pletely reflect death penalty cases. With the popularization of the inter, publishing the judgment of death cases in the inter can avoid the disadvantages of the traditional modes mentioned above. Open Court Records and Other Documents After all, only a limited number of people can attend court trials and some people can not arrive at the court on time for various reasons, and the visitors may not hear everything nor understand it correctly. For cases that have public hearings, it will improve the effect of public hearings if the court can publicize court trial records (transcript) through certain channels. Not every member of the public needs to read the plete court record of a certain case. People or organs that are obligated to supervise the case, the defense lawyer, people who are related to the case, news agencies that are interested in the case and scholars who study the case are the ones who will desire a full transcript of a given case. As a result, the publicity of court records differs from that of the judgment and can be made available only to those who have a need to it. As providing court records involve some cost, the court may charge those who need the records. Since public hearings can be attended and reported, people may know whether court trials are fair. Modes of Public Judgment The transparency of the bill of prosecution and the judgment of death penalty cases, especially the reasons for judgment and law applied, not only reflects the public handling of the accused, but also plays the role of legal propagation and education. (4) to summon the parties and notify the defenders, agents ad litem, witnesses, expert witnesses and interpreters, and deliver the summons and notices no later than three days before the opening of the court session。 (2) to deliver to the accused a copy of the bill of prosecution of the procuratorate no later than ten days before the opening of the court session. If the accused has not retained a defender, he shall be informed that he may retain a defender or, when necessary, a legal aid lawyer may be appointed to serve as a defender for him。 and show some people who are likely to mit crimes the power and force of laws thus deterring serious of the Relevant Issues over Public Hearing in Death Penalty Cases in China Public hearing is the basic principle of China’s criminal justice system. Article 125 of China’s Constitution provides that “except in special circumstances as specified by law, all cases in the courts are heard in public.” Article 11 of China’s Criminal Law provides that “cases in the courts shall be heard in public, unless otherwise provided by this Law”. allow victims of criminal cases and their relatives and friends to know that justice has been done and the criminals have been executed。 The open information on the judgment and the execution of death penalty cases is of special and important significance to a person who faces the death penalty and his family. A person who has been convicted of a crime and sentenced to death still enjoys the due process rights and other safeguards on his rights before execution of the sentence. For example, the prisoner under death sentence “shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law”13, and “shall have the right to seek pardon or mutation of the sentence”14. Failure to promptly provide the death row prisoner and his family information on the case may hinder their ability to exercise these rights, hence placing due process at risk. while on the other hand deliberately withholds relevant information on the use of the death penalty from the public. If public opinions are really an important consideration for a country, it seems the government shall facilitate the access to the relevant information so as to make such public opinions more informed. It is unreasonable for a country to use the will of the people as an important reason to retain the death penalty but refuse to disclose to its own people the extent of death penalty. Some countries rational for retaining capital punishment is that capital punishment conf
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