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消极居中听证 [Copy link] 中文

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Post time 2006-6-7 14:30:25 |Display all floors
《刑事诉讼法修正案》没有采取英美当事人主义庭审模式中法官消极居中听证、裁判的做法,而是结合中国实际情况,规定在控、辩双方充分发挥自己的作用的基础上,审判人员不仅有权主持审判、维护法庭秩序,而且还有权审讯被告人、询问证人和鉴定人,有权主持调查、核实各种证据、主持控辩双方对证据和案件事实的辩论、制止与案件无关的发问。

“Amendment to CRIMINAL PROCEDURE LAW OF THE PEOPLE'S REPUBLIC OF CHINA” does not follow the court trial mode of adversary system of the of the Anglo-American law system which emphasizes that the judges 消极居中听证 evidence hearing and pass on judgment, yet combined with the practical situations in China, it stipulates that on the basis of giving the full scope to both the accuser and accused, the judges not only have the right to chair the trial and maintain the court order, has the right to interrogate the accused, question the witness and expert witnesses but also presides over the investigation, verify all kinds of evidence, preside over the debate over the evidence and facts of the case by both the accuser and the accused and prohibit the irrelevant questions.

请指教“消极居中听证”如何表达,急用!谢谢

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Post time 2006-6-7 18:09:51 |Display all floors
请指教,明天就该提交公司了

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