1、what are the criminal procedure or
characteristics of the criminal
proceedings.什么是刑事诉讼以及刑事诉讼的特点
1) the statutory auspices of specialized
agencies (2) the participants of the
parties and other participants in the
proceedings.(3) in accordance with the
law, must be strictly in accordance with
the procedures and manner prescribed
by the Code of Criminal Procedure. (4)
the resolution of the defendant or the
suspect is a crime, what is my sin,
whether it should be subject to criminal
penalties, impose the problem of what
kind of penalty. (5) a particular form of
action. (6) The purpose of accurate,
timely, legally expose crime proved a
crime, punish criminals and protect
innocent people from criminal
prosecution, so as to safeguard the
socialist legal protection of citizens'
personal rights, democratic rights,
property rights and other rights
safeguard the smooth progress of
socialist economic construction.
2、The right of investigation,
prosecution, adjudication by
specialized organs according to the
principle of exercise.简述侦查权、检察权、审判权由专门机关依法行使原则。
(1) only the public security organs,
prosecution and the court has the right
to the exercise of the power of
investigation, procuratorial and judicial
and other authorities, groups and
individuals have the right to exercise
these powers. However, in accordance
with the provisions of the law, the state
security organs handle criminal cases
endangering national security, the
exercise of the public security organs in
the same terms of reference; army to
defend the department of criminal cases
within the army investigation; prison
criminals in prison, criminal cases
involving crimes investigation . (2) the
public security organ, the People's
Procuratorate, the People's Court in
accordance with the law duties, must
comply with the statutory procedures.
(3) public security, procuratorate, the
people's court authorities were only
able to exercise their respective
authority, must not be confused or
replace each other. To prevent confuse
Criminal division of functions, prevent
the unchecked power of the public,
prosecutors, law authorities.
3、Description of the status of
victims in the criminal proceedings
and its right of action简述被害人在刑事诉讼中的地位及其诉讼权利
The rights of victims in criminal
proceedings: (1) filing the request; (2)
to apply for withdrawal; (3) an agent;
(4) to demand compensation for
damages; (5) not filing and not to
prosecute; decided to Prosecutor's
Office to file a complaint or to the
people's court in accordance with the
law brought a private prosecution; (6)
the right to participate in the court
investigation, court debate; (7) of the
first instance ruling People's
Procuratorate of the request within the
statutory time limit protest; (8)
effective judgment or ruling to appeal
to request re-the trial effective
judgment or ruling of the appeal,
request a new trial.
4、Incidental civil action established
conditions附带民事诉讼成立的条件
The victims suffered material losses
due to the defendant's criminal
behavior, in the course of criminal
proceedings, the right to file an
incidental civil. "Visible, incidental
civil action filed must meet three
conditions: (1) must be in the course of
criminal proceedings filed; (2) is the
direct result of the loss of a crime; (3)
loss caused material loss.
5、Temporary execution outside prison
concept applies to objects, and the
applicable conditions暂予监外执行的概念、适用对象和适用条件
The object is limited to temporary
execution outside prison was sentenced
to criminal detention. Applicable
conditions: (1) there is seriously ill and
needs medical parole, and documents
issued by the hospital designated by the
provincial people's government. (2)
pregnant or are breast-feeding her own
baby. (3) life can not take care of
themselves, the applicable temporary
execution outside prison not a risk to
the community. Applicable medical
parole, however, there may be social
risk offenders, criminals or self-injury
self-mutilation, and shall not be
released on medical parole.
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