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一.学科特点要学好、考好《刑事诉讼法学》,首先应当了解本学科的特点。概括讲,《刑事诉讼法学》有以下特点: 1.相关实体。本学科是相对刑事实体法而设立的,它与犯罪与刑罚密切相关。因此,要学好本课程,必须先学好刑法,否则学习刑事诉讼法会有诸多困难。如刑事诉讼法的“不追诉”原则“立案管辖”的划分,证据分类的内涵,强制措施的条件,附带民事诉讼的前提,还有立案、侦查终结和起诉的标准等等,无不涉及到犯罪及有关内容。 2.头绪甚多。刑事程序法是一部操作法。如何操作涉及到方方面面的刑事诉讼法律关系,如司法机关之间的关系,当事人之间的关系,其他诉讼参与人与司法机关、当事人之间的关系;控诉、辩护、审判之间的关系;主要程序之间的关系,主要程序各个阶段之间的关系;案件事实与证据之间的关系等等。刑事诉
First, the characteristics of the subject to learn, test good “criminal procedure law”, we must first understand the characteristics of this discipline. In summary, “Criminal Procedure Law” has the following characteristics: 1. Related entities. The discipline is established relative to criminal substantive law, which is closely related to crime and punishment. Therefore, to learn this course, we must first learn the criminal law, or learn the criminal procedure law will have many difficulties. Such as the “non-prosecution” principle of criminal procedure, “the jurisdiction of filing cases”, the classification of evidence, the conditions of compulsory measures, the preconditions of attaching to civil lawsuits, the standards of filing cases, ending of investigations and prosecutions, etc. all involve crimes And related content. 2. a lot of ideas. Criminal Procedure Law is a method of operation. How to operate the legal relationship of criminal procedure involving all aspects, such as the relationship between the judiciary, the relationship between the parties, the relationship between other litigation participants and the judiciary and the parties; the relationship between the complaints, the defense and the trial; the main The relationship between the procedures, the relationship between the various stages of the main procedure; the relationship between the facts and evidence of the case and so on. Criminal prosecution