Based on the content and main purpose of litigation, we can divide litigation activities into criminal litigation, civil litigation and administrative litigation. Countries around the world have different litigation models due to different national conditions. What types of criminal proceedings are there? What type does China belong to?
Historical Types of Criminal Proceedings
(1) Impeachment
Characteristics of Impeachment Proceedings
1. ". Litigation mainly depends on the initiative of both parties, and whether to file a lawsuit depends entirely on the victim.
2. The judge is in the position of a passive arbiter in litigation. The judge is only responsible for hearing and does not perform the appeal function.
3. When you need to rely on divine judgment, you will use duels and other methods to make judgments based on the results of the so-called divine judgment.
4. Both parties have equal status and rights in court and can engage in confrontation and debate.
5. Trials in the form of impeachment proceedings are generally public and conducted in the form of oral arguments.
(2) Inquisitorial style
Characteristics of inquisitorial litigation
1. State officials actively investigate crimes according to their powers.
2. Neither the plaintiff nor the defendant actually has party litigation status in the modern legal sense.
3. There is no distinction between the charging function and the trial function. The judge has the power of trial, prosecution and investigation.
4. It is always closely associated with cruel torture and torture.
5. Usually done in secret.
(3) Hybrid type
Hybrid litigation has many characteristics of impeachment litigation and some characteristics of investigation litigation.
In the mixed litigation form, criminal proceedings are divided into two major stages, namely the pre-trial review and prosecution stage and the trial stage. These two stages of litigation are clearly defined and each has its own characteristics.
In the trial stage, the characteristics of impeachment proceedings are fully reflected. The court hearing of mixed litigation is also based on the principle of "no litigation, no reason". The trial and prosecution functions in hybrid proceedings are separated. The litigation status of both parties in the court is equal and they are both subjects of litigation. Trials in mixed litigation are conducted in the form of oral arguments and direct examinations, and are generally conducted in public.
In the pretrial review and prosecution stage, the characteristics of interrogation are reflected. In mixed litigation, the principle of national prosecution priority is implemented. Compared with the court trial stage, the defendant's status, rights and relationship with the prosecutor are quite obvious. Mixed investigation and prosecution proceedings are generally not public and are not conducted by argument.
Party litigation form: generally refers to the criminal litigation form in common law countries. Cross-examination is a method used by courts in countries with common law systems, in which prosecutors and defense lawyers alternately conduct so-called "examination-in-chief" and "examination-in-chief" on witnesses summoned to court by the other party. Judges generally only play the role of moderator and conductor. It fully reflects the characteristics of the confrontational debate between the prosecution and the defense. The judge can only know the facts listed in the indictment before the trial, but not the evidence of the case, and cannot interrogate the defendant before the trial.
Form of ex officio litigation: generally refers to the form of criminal litigation in countries with civil law systems. The judge is in the position of interrogator in court trials, especially in the investigation phase of the court. The judge is always the interrogator, interrogating the defendant, questioning witnesses, and checking and verifying various evidences in accordance with his authority. The judge can understand all the facts and evidence materials of the case before the trial, and can interrogate the defendant and check and verify the evidence before the trial.
Before 1997 65438+October 1, my country’s criminal procedure form or model was close to that of civil law countries, but far from that of common law countries. Since October 1, 1997 65438, the revised Criminal Procedure Law has learned from and absorbed some practices of the criminal procedure model of the common law system.