中国刑事诉讼法(英文版)
lawsuit的由来
lawsuit的由来
Lawsuit是英文中诉讼或起诉的意思。
它源于中古英语中的laiwesute,意为遵从法律或合法诉讼。
在中古英语时期,laiwesute常常被用来指代法庭或法院中的律师、法官以及诉讼参与者。
随着时间的推移,这
个词逐渐演变成了现代英语中的lawsuit。
在英国的法律系统中,lawsuit是指一种针对不当行为或违法行为的法律程序。
当人们认为自己的权利被侵犯或受到损害时,可以通过法律
程序起诉对方,寻求补偿或得到公正的裁决。
在美国,lawsuit也是一种非常常见的法律程序。
美国的法律体系与英国有所不同,它源于英国的common law,但是在美国独立后逐渐演变成独特的法律制度。
美国的lawsuit包含许多种类,包括民事诉讼、刑事诉讼、公司诉讼等。
在中华人民共和国,诉讼是一种法律程序,用于解决纠纷和争议。
中
国的法律体系源于大陆法系,包括民法、刑法、民事诉讼法、刑事诉
讼法等。
中国的lawsuit也包括许多种类,如劳动争议诉讼、知识产权诉讼、婚姻家庭诉讼等。
总的来说,lawsuit是法律制度中不可或缺的元素之一,它能够帮助维
护公正和平等的法律环境,保护人们的权利和利益。
但是,在进行lawsuit时,我们也需要注意保持冷静和合理,避免法律纠纷进一步恶化和升级。
希望未来我们的法律环境能够越来越完善,每个人都能够得到公正的待遇和保护。
法律条例英文
法律条例英文【篇一:常用法律条文英文版本】常用法律条文英文版本|法律英语天网恢恢,疏而不漏。
2.an act is not a crime unless the law says it is one.法无明文规定者不为罪。
3.this contract is made of one original and two duplicate originals, all of which are of the same effect.本合同一式三份,具有同等效力。
4. the law does not concern itself about family trifles.法律难断家务事。
5.this document is legally binding.该文件具有法律约束力。
6. this law is in abeyance.此法暂缓执行。
7. this law has become a dead letter.此法已成为一纸空文。
8. this law will go into effect on the day of its promulgation.本法自公布之日起施行。
9 the court dismissed the action.法院驳回诉讼。
10. the court ordered the case to be retried.法院命令重审此案。
.11.giving the killer what he deserves.予杀人者以应得之罪。
12. hate the sin but not the sinner.可恨的是罪行而非罪人。
13.everyone has the right to freedom of expression.每个人都享有言论自由。
14. everyone is equal before the law.法律面前人人平等。
15. first in time, first in right.先在权利优先。
英语常见的法律术语
英文版法律术语draft 法案,草案;Government bill 政府议案;to pass a bill, to carry a bill 通过议案to enact a law, to promulgate a law 颁布法律ratification, confirmation 批准;law enforcement 法律的实施to come into force 生效;decree 法令;clause 条款minutes 备忘录;report 判例汇编codification 法律汇编;legislation 立法legislator 立法者;jurist 法学家jurisprudence 法学;legitimation 合法化legality, lawfulness 法制,合法;legal, lawful 合法的,依法的to contravene a law, to infringe a law, to break a law 违法outlaw, outside the law 超出法律范围的offender 罪犯;to abolish 废止,取消rescission, annulment 废除,取消repeal, revocation, annulment 废除(法律)cancellation, annulment, invalidation 废除(合同)cancellation (支票)作废;annulment 撤消(遗嘱)repeal rescission 撤消(判决);revocation 撤消immunity 豁免,豁免权;disability, legal incapacity 无资格nonretroactive character 不溯既往性;prescription 剥夺公权attainder 公民权利的剥夺和财产的没收constitutional law 宪法;canon law 教会法规common law 习惯法;criminal law 刑法administrative law 行政法;civil law 民法commercial law, mercantile law 商法law of nations 万国公法,国际法international law 国际法;natural law 自然法labour laws 劳工法;fiscal law 财政法Civil Suit Law, Code of civil law 民事诉讼法Criminal Law 刑事诉讼法;Military Law 军法Conscript Law 兵役法;Copyright Law 著作权法penal code 刑法典;code of mercantile law 商法典civil rights 民事权利,公民权利;right of asylum 避难权human rights, rights of man 人权;(customs) duties 关税death duty, death tax 遗产税;royalties 版税案件受理费court acceptance fee案情重大、复杂important and complicated case案由cause of action 案子case被告defendant(用于民事、行政案件);the accused (用于刑事案件) 被上诉人appellee 被诉人respondent; defendant本案律师councel pro hac vice辩护词defense; pleadings 辩护律师defense lawyer辩护要点point of defense 辩护意见submission裁定书order; ruling; determination(指终审裁定)裁决书award(用于仲裁);裁决书verdict(用于陪审团)查阅法条source legal provisions出差go on errand; go on a business trip出国深造further study abroad出具律师意见书providing legal opinion出示的证据exhibit;出庭appear in court传票summons; subpoena;待决案件pending case当事人陈述statement of the parties第三人third party调查笔录investigative record调查取证investigation and gathering for evidence调解mediation;调解书mediation二审案件case of trial of second instance法律顾问legal consultants;法律意见书legal opinions 法律援助legal aid ;法律咨询legal counseling 法庭division; tribunal法学系faculty of law; department of law法学学士学位LL.B (Bachelor of Laws)法学院law school法院公告court announcement各类协议和合同agreements and contracts公安局Public Security Bureau;公司上市company listing公诉案件public-prosecuting case;公证书notarial certificate国际贸易international trade国际诉讼international litigation国内诉讼domestic litigation;会见当事人interview a client会见犯罪嫌疑人interview a criminal suspect鉴定结论expert conclusion;看守所detention house跨国诉讼transnational litigation劳动争议labor disputes劳改场reform-through-labor farm; prison farm律师费lawyer fee 律师函lawyer’s letter律师事务所law office; law firm;律师收费billing by lawyer律师执业证lawyer license民事案件civil case 民事调解civil mediation民事诉讼civil litigation派出所local police station; police substation判决judgement(用于民事、行政案件); determination(用于终审); sentence(用于刑事案); verdict(由陪审团作出)旁证circumstantial evidence缺席宣判pronounce judgement or determination by default人民法院People’s Court;人民检察院People’s Procuratorate 上诉案件case of trial of second instance; appellate case上诉人appellant 上诉状petition for appeal申请复议administrative reconsideration petition申请人petitioner; claimant 申诉案件appeal case申诉书appeal for revision, petition for revision受害人victim;司法部Ministry of Justice 送达service of process 诉讼litigation; action; lawsuit诉状complaint; bill of complaint; statement of claim物证material evidence ;嫌疑人criminal suspect刑事案件criminal case ;刑事诉讼criminal litigation休庭adjourn the court; recess宣判pronounce judgement; determination 宣誓书affidavit一审案件case of trial of first instanceaction of debt 债务诉讼;acquit 无罪administrative decision 行政判决结果;agency hearing 听证会court of king's bench 王室法院;court of exchequer 财务法院court of common bench 民诉法院;court of divorce 婚姻法院;非法活动unlawful activities;非法利益unlawful interests;非法手段illegal means;国家权力机关state authority国际审判机关state judicial organs国家行政机关state administrative organs国家意志state’s will;国家职能function of the state国民待遇national treatment。
刑事诉讼法(英文版)
中华人民共和国刑事诉讼法(英文版)Criminal Procedure Law of the People's Republic of ChinaCriminal Procedure Law of the People's Republic of China - 1996(Adopted by the Second Session of the Fifth National People's Congress on July 1, 1979, and amended pursuant to the Decision on Amending the Criminal Procedure Law of the People's Republic of China adopted by the Fourth Session of the Eighth National People's Congress on March 17, 1996)ContentsPart One General ProvisionsChapter I Tasks and Fundamental PrinciplesChapter II JurisdictionChapter III WithdrawalChapter IV Defense and RepresentationChapter V EvidenceChapter VI Compulsory MeasuresChapter VII Incidental Civil ActionsChapter VIII Time Periods and ServiceChapter IX Other ProvisionsPart Two Filing a Case, Investigation and Initiation of Public ProsecutionChapter I Filing a CaseChapter II InvestigationSection 1 General RulesSection 2 Interrogation of Crime SuspectsSection 3 Questioning of the WitnessesSection 4 Inquest and ExaminationSection 5 SearchSection 6 Seizure of Material Evidence and Documentary EvidenceSection 7 Expert EvaluationSection 8 Wanted OrdersSection 9 Conclusion of InvestigationSection 10 Investigations of Cases Directly Accepted by the People's ProcuratoratesChapter III Initiation of Public ProsecutionPart Three TrialChapter I Trial OrganizationsChapter II Procedure of First InstanceSection 1 Cases of Public ProsecutionSection 2 Cases of Private ProsecutionSection 3 Summary ProcedureChapter III Procedure of Second InstanceChapter IV Procedure for Review of Death SentenceChapter V Procedure for Trial SupervisionPart Four ExectionPart One General ProvisionsChapter I Tasks and Fundamental PrinciplesArticle 1Pursuant to the Constitution and for the purposes of guaranteeing the correct operation of the Criminal Law, punishing crime, protecting the public, safeguarding the security of the State and the public safety of society, and ensuring the socialist order, this Law is enacted.()Article 2The tasks of the Criminal Procedure Law of the People's Republic of China shall be: to ensure accurate and prompt ascertainment of the facts of crimes, to correctly apply laws, to punish criminal offenders, to guarantee any innocent person from criminal prosecution, to educate citizens to voluntarily observe the law and actively struggle against criminal acts, so as to uphold the socialist legal system, to protect the citizens' rights of person, rights over their property, democratic rights and other rights, and to guarantee the smooth progress of the socialist modernization.()Article 3The public security organs shall be responsible for the investigation, detention, execution of arrests and pre-trial examination in connection with criminal cases. The people's procuratorates shall be responsible for the procuratorial work, the approving of arrests, and the investigation and initiation of public prosecution in connection with cases accepted directly by them. The people's courts shall be responsible for the trial. No other organ, organization or person shall have the rightto exercise such powers, unless the laws otherwise provide.()The people's courts, people's procuratorates and public security organs must, in conducting criminal proceedings, strictly adhere to this Law and the relevant provisions of other laws.()Article 4Subject to the provisions of the law, the State security organs shall handle criminal cases endangering the State security and exercise the same functions and powers as the public security organs.()Article 5The people's courts shall exercise independently the judicial powers as prescribed by the laws, the people's procuratorates shall exercise independently the procuratorial powers as prescribed by the laws, and they shall be free from any interference from any administrative organ, social organization or person.()Article 6The people's courts, the people's procuratorates and the public security organs must, in conducting criminal proceedings, rely on the masses, stand on facts and under the laws. The law applies equally to all citizens, and no privilege whatsoever is permissible before the laws.()Article 7The people's courts, the people's procuratorates and the public security organs shall, in conducting criminal proceedings, divide their functions and responsibilities, coordinate their efforts and check each other so as to ensure the correct and effective enforcement of the law.()Article 8The people's procuratorates shall exercise legal supervision over criminal proceedings according to law.()Article 9Citizens of any nationality shall have the right to use their respective native spoken and written language in the proceedings. The people's court, the people's procuratorate or the public security organ shall provide translations for any party to the proceedings who is not familiar with the local spoken or written language commonly used.()In a place where people of a minority nationality live in a concentrated community or where a number of nationalities co-inhabit, hearings shall be conducted in the spoken language commonly used in the said place, and judgments, notices and other documents shall be issued in the written language commonly used in the said place.()Article 10The people's courts shall, in trying cases, adopt the system whereby the second instance is final.()Article 11All hearings in the people's courts shall be public, unless this Law provides otherwise. The defendants shall have the right to have access to defense, and the people's courts shall be obliged to guarantee their access to defense.()Article 12Prior to a judgment rendered by the people's court according to law, no one may be convicted of guilty.()Article 13The people's courts shall, in trying cases, adopt the system of people's assessors taking part in trials in accordance with this Law.()Article 14The people's courts, the people's procuratorates and the public security organs shall guarantee the rights to action for participants in the proceedings as they are so entitled according to law.()With regard to cases of crimes committed by minors under 18 years old, the legal representatives of the crime suspects and defendants may be notified to be present at the time of interrogation and trial.()Participants in proceedings shall have the right to file charges against judicial, procuratorial and investigating personnel whose acts have infringed upon the citizens' rights to action or have caused personal insult thereto.()Article 15Under any of the following circumstances, no criminal responsibility shall be investigated, or the case shall be dismissed if the criminal responsibility has already been investigated, or no prosecution shall be initiated, or the trial shall be arrested, or innocence shall be declared:1. where the circumstance is obviously minor, has caused no serious harm and shall not be deemed as a crime;2. where the time limitation for criminal prosecution of the crime has expired;3. where exemption of criminal punishment has been granted by a special amnesty order;4. where no complaint has been filed or the complaint has been withdrawn if the crime is to bedealt with only upon complaint according to the Criminal Law;5. where the crime suspect or defendant is deceased; or6. where exemption from investigation for criminal responsibility is so provided for by the law.()Article 16The provisions of this Law shall apply to foreigners who commit crimes for which criminal responsibility should be investigated.()With regard to foreigners with diplomatic privileges and immunities who commit crimes for which criminal responsibility should be investigated, such cases shall be settled by means of diplomatic channels.()Article 17Pursuant to international treaties to which the People's Republic of China has accredited or joined, or according to the principle of reciprocity, the judicial organs of our country and judicial organs of foreign countries may request from each other for criminal judicial assistance.()Chapter II JurisdictionArticle 18Criminal cases shall be investigated by the public security organs, unless the law otherwise provides.()The people's procuratorate shall file a case for investigation of a crime of embezzlement and bribery, crime of dereliction of duty by a State functionary, crime infringing upon the citizen's right of the person committed by a State functionary by abusing his power as illegal detention, extorting confessions by torture, reprisal and calumniation or illegal search, or crime infringing upon citizen's democratic right. With regard to any other serious criminal case committed by a State functionary by abusing his power, if it is necessary for the people's procuratorate to take cognizance of directly, the people's procuratorate may file the case for investigation upon the decision of the people's procuratorate at or above the provincial level.()Private cases shall be accepted by the people's courts directly.()Article 19The basic people's courts shall have jurisdiction as courts of first instance over ordinary criminal cases, with the exception of those falling under the jurisdiction of the people's courts at higher levels as provided for by this Law.()Article 20The intermediate people's courts shall have jurisdiction as courts of first instance over the following criminal cases:1. counter-revolutionary cases and cases jeopardizing the State security;2. ordinary criminal cases punishable by life imprisonment or the death sentence; and3. criminal cases in which the offenders are foreigners.()Article 21The high people's courts shall have jurisdiction as courts of first instance over major criminal cases that are of significance to an entire province (or municipality directly under the Central Government or autonomous region).()Article 22The Supreme People's Court shall have jurisdiction as the court of first instance over major criminal cases that are of significance to the whole country.()Article 23A people's court at the higher level may, when necessary, try a criminal case over which a people's court at the lower level shall have jurisdiction as the court of first instance; A people's court at the lower level which considers the circumstances of a criminal case of first instance to be major or complex and considers it to be appropriate to be tried by a people's court at the higher level may request that the case be transferred to the people's court at the next higher level for trial.()Article 24A criminal case shall be under the jurisdiction of the people's court in the place where the crime was committed. If it is more appropriate for the people's court in the place where the defendant resides to try the case, that court may have jurisdiction over the case.()Article 25A criminal case under the jurisdiction of several people's courts at the same level shall be tried by the people's court that first accepted it. The case may, when necessary, be transferred to the people's court in the principal place where the crime was committed for trial.()Article 26A people's court at the higher level may appoint a people's court at the lower level to try a case over which jurisdiction is unclear, and may also instruct a people's court at the lower level to transfer the case to another people's court for trial.()Article 27The jurisdiction over cases in special people's courts shall be laid down separately.()Chapter III WithdrawalArticle 28Under any of the following circumstances, a member of the judicial, procuratorial or investigating personnel shall voluntarily withdraw from the case, and any party concerned and its legal representative shall have the right to demand his withdrawal:1. if he is a party to the case or a near relative of the party to the case;2. if he himself or his near relative has an interest in the case;3. if he has served as a witness, expert witness, defender or agent in the case; or4. if he has any other relations with any party to the case that could affect the fair handling of the case.()Article 29No member of the judicial, procuratorial and investigating personnel may accept any treat or gift from the parties and persons entrusted by the parties, and meet, in violation of regulations, any party or any person entrusted by the party.()Any member of the judicial, procuratorial or investigating personnel who violates the provisions of the preceding paragraph, shall be investigated his legal responsibilities according to law. Any party and its legal representative shall have the right to demand his withdrawal.()Article 30The withdrawal of a member of the judicial, procuratorial and investigating personnel shall be decided respectively by the president of a court, the chief procurator or the person in charge of the public security organ; the withdrawal of the president of a court shall be decided by the judicial committee of the court; and the withdrawal of the chief procurator or the person in charge of the public security organ shall be decided by the procuratorial committee of the people's procuratorate at the same level.()Prior to a withdrawal decision made on an investigating personnel, he may not suspend the investigations into the case.()If a decision is made to reject the request for withdrawal, the party concerned or its legal representative may apply for one reconsideration.()Article 31The provisions of Articles 28, 29 and 30 of this Law shall also apply to court clerks, interpreters and expert witnesses.()Chapter IV Defense and RepresentationArticle 32In addition to exercising the right to defend himself, a crime suspect or defendant also may entrust one or two persons as his defender(s). The following persons may be entrusted to serve as defenders:1. lawyers;2. persons recommended by the people's organization or the unit to which the crime suspect or defendant belongs; and3. guardians and relatives and friends of crime suspects and defendants.()Persons still serving their criminal sentences or being deprived of or being restricted their freedom of the person according to law may not serve as defenders.()Article 33With regard to the case of public prosecution, the crime suspect shall have the right to appoint his defender as of the day on which the case is transferred for examination and prosecution. As for private cases, the defendants shall have the right to appoint their defendants at any time.()The people's procuratorate shall, within three days from the day on which the case files for examination and prosecution are received, inform the crime suspect his right to appoint the defender. The people's court shall, within three days from the day on which they decide to accept the private case, notify the defendant his right to appoint the defender.()Article 34With regard to a case in which the public prosecutor appears before the court to conduct a public prosecution, if the defendant has not yet entrusted any defender due to financial difficulty or any other reasons, the people's court may appoint a lawyer undertaking the duty of legal aid to provide defense thereto.()If a defendant is blind, deaf or mute, or is a minor, and has not entrusted a defender, the people's court shall designate a lawyer undertaking the duty of legal aid to provide defense thereto.()If a defendant could be sentenced to death, but has not entrusted a defender, the people's court shall designate a lawyer undertaking the duty of legal aid to provide defense thereto.()Article 35The responsibility of the defender shall be: to present, according to facts and the law, materials and opinions to prove the innocence or pettiness of the crime of the crime suspect or the defendant, or to prove to mitigate or exempt his criminal responsibility, and to safeguard the legitimate rights and interests of the crime suspect and the defendant.()Article 36A defense lawyer may, from the day on which the people's procuratorate begins to examine and prosecute the case, consult, make abstracts of or reproduce the indictment and technical appraisal materials of the case, may meet and correspond with the crime suspect in custody. Any other defender, with permission of the people's procuratorate, also may consult, make abstracts of or reproduce the aforesaid materials, and meet and correspond with the crime suspect in custody.()A defense lawyer may, from the day on which the people's court accepts to hear the case, consult, make abstracts of or reproduce the materials of the facts of the crime charged against in the case, may meet and correspond with the defendant in custody. Any other defender, with permission of the people's court, also may consult, make abstracts of or reproduce the aforesaid materials, and meet and correspond with the defendant in custody.()Article 37A defense lawyer may, with the consent of the witness or any other unit or person concerned, gather therefrom materials related to the case, also may apply to the people's procuratorate or people's court to gather therefrom and order for evidence, or apply to the people's court to notify the witness to appear before the court to testify.()A defense lawyer, with permission of the people procuratorate or the people's court and with the consent of the victim or his near relative and the consent of the witnesses provided by the victim, may gather therefrom materials related to the case.()Article 38A defense lawyer or any other defender may not help a crime suspect or defendant to collude to make his confessions tally, or to conceal, destroy or make false evidence, may not coerce or induce the witness to change his testimony or to make false testimony or to conduct any act that interrupts the prosecution activities of the judicial organ.()If any person violates a provision of the preceding paragraph, legal responsibility shall be investigated according to law.()Article 39In the course of trial, a defendant may refuse to have his defender continue to defend him, and also may entrust his defense to another defender.()Article 40A victim and his legal representative or near relative of a public prosecution case and the partiesand their legal representatives of incidental civil proceedings shall have the right to entrust agents ad litem from the day on which the case is transferred for examination and prosecution. A private prosecutor and his legal representative of a private prosecution case and the parties and their legal representatives of incidental civil proceedings shall have the right to entrust their agents ad litem at any time.()The people's procuratorate shall, within three days from the day on which the case files for examination and prosecution are received, notify the victim and his legal representative or near relative and the parties and their legal representatives of incidental civil proceedings their rights to entrust agents ad litem. The people's court shall, within three days from the day on which it decides to accept the private case, notify the private prosecutor and his legal representative and the parties and their legal representatives of incidental civil proceedings their rights to entrust agents ad litem.()Article 41The entrustment of agents ad litem shall be governed with the reference to the provisions of Article 32 of this Law.()Chapter V EvidenceArticle 42All facts that prove the true circumstances of a case shall be evidence.()Evidence includes the following seven categories:1. material or documentary evidence;2. testimony of witnesses;3. statements of victims;4. statements and apologia of the crime suspects and defendants;5. conclusions of expert witnesses;6. written records of inquests and examination; and7. video and audio materials.()Any of the above-listed evidences must be verified to be true before it can be used as the basis for settling the case.()Article 43Judicial, procuratorial and investigating personnel must, in accordance with the statutoryprocedures, gather various kinds of evidences that can be used to prove the guilt or innocence of crime suspects and defendants and the gravity of the crimes. It shall be strictly forbidden to extort confessions by torture or to collect evidences by coercion, inducement, deceit or any other unlawful means. It must be guaranteed that all citizens who are involved in a case or who have information about the case to objectively and fully provide evidence, and with the exception of special circumstances, they may be brought in to assist the investigations.()Article 44Warrants of arrest submitted for approval by the public security organs, the bills of prosecution by the people's procuratorates and judgments rendered by the people's courts must be faithful to facts. Any one who intentionally conceals facts shall be investigated for responsibility.()Article 45The people's courts, the people's procuratorates and the public security organs shall have the power to gather and obtain evidences from relevant units and persons. Units and persons involved shall provide evidence truthfully.()Evidences involving State secrets shall be kept confidential.()Any one who falsifies, conceals or destroys an evidence, regardless of which side of a case he belongs to, must be investigated and brought before the law.()Article 46In settling any case, stress and emphasis must be given to evidences, investigation and study, and oral confessions shall not be readily depended on. Any defendant cannot be found guilty and sentenced to criminal punishment if there is only his statement but no other evidence to support; Notwithstanding, a defendant still may be found guilty and sentenced to criminal punishment if evidences are sufficient and reliable, even without his statement.()Article 47The testimony of witnesses must be questioned and cross-examined in the courtroom by the public prosecutor, the victim, the defendant and the defenders, should the testimonies of witnesses of all sides have been heard and verified can they be used as the basis for settling the case. If the court finds through investigation that a witness has intentionally given false testimony or concealed a criminal evidence, it shall deal with the matter according to law.()Article 48Every person who has information about a case shall have the duty to testify.()Persons with physical or mental defects, minors who cannot distinguish right from wrong or persons who cannot properly express themselves shall be disqualified as witnesses.()Article 49The people's courts, the people's procuratorates and the public security organs shall guarantee the safety of witnesses and their near relatives.()Where a threat, insult, beating or revenge committed against the witness or his near relative constitutes a crime, criminal responsibility shall be investigated according to law; if the circumstance is not yet subjected to criminal punishment, a penalty of public security management may be meted out thereto according to law.()Chapter VI Compulsory MeasuresArticle 50The people's court, the people's procuratorate and the public security organ may, in light of the circumstances of a case, issue a warrant to compel the appearance of the crime suspect or defendant, release him upon bail pending trial or subject him to residential surveillance.()Article 51Under any of the following circumstances, the people's court, the people's procuratorate and the public security organ may subject the crime suspect or defendant to release upon bail pending trial or to residential surveillance:1. if he could be sentenced to punishment of control, criminal detention or could be subjected to accessory punishment separately; or2. if a sentence at or above termed imprisonment could be meted out thereto and the adoption of the release upon bail pending trial or residential surveillance would not likely cause the occurrence of a social danger.()The release upon bail pending trial and residential surveillance shall be executed by the public security organ.()Article 52Crime suspects and defendants already taken into custody, their legal representatives and near relatives shall have the right to apply for their release upon bail pending trial.()Article 53When a people's court, people's procuratorate and public security organ decide to grant the release upon bail pending trial to a crime suspect or defendant, they shall order him to provide a guarantor or deposit a security.()Article 54A guarantor must satisfy the following requirements:1. being not related to the present case;2. being capable of executing the obligation and responsibility under the guarantee;3. enjoying political rights, and freedom of the person not being restricted; and4. having a permanent domicile and regular income.()Article 55A guarantor must be under the following duties:1. supervising the guaranteed in observing the provisions of Article 56 of this Law;2. reporting without delay to the executing organ when he finds that the guaranteed is likely to commit or has already committed an act in violation of a provision of Article 56 of this Law.()Where the guaranteed has an act in violation of a provision of Article 56 of this Law, but the guarantor fails to make a prompt report, a fine shall be imposed on the guarantor, if a crime is constituted, criminal responsibility shall be investigated according to law.()Article 56A crime suspect or defendant being released upon bail pending trial must observe the following provisions:1. may not leave the city or county in which he resides without approval of the executing organ;2. shall appear before the court whenever being summoned;3. may not interrupt in any manner the witness to testify; and4. may not destroy or falsify any evidence or collude to make confession tally.()If a crime suspect or defendant being released upon bail pending trial violates a provision of the preceding paragraph and has already deposited a security, the security shall be confiscated, and in light of different circumstances, he shall be instructed to write a statement of repentance, deposit a security or provide a guarantor again, or be subject to residential surveillance or be arrested. If the crime suspect or defendant did not violate the provisions of the preceding paragraph during the period of release upon bail pending trial, the security shall be returned when the period ends.()Article 57A crime suspect or defendant being placed under residential surveillance must observe the following provisions:1. may not leave the residence without approval of the executing organ, or may not leave the designated residence without approval if he does not have a permanent domicile;2. may not meet any other person without approval of the executing organ;3. shall appear before the court whenever being summoned;4. may not interrupt in any manner the witness to testify; and5. may not destroy or falsify any evidence or collude to make confession tally.()A crime suspect or defendant being placed under residential surveillance who violates a provision of the preceding paragraph shall be arrested under a serious circumstance.()Article 58The maximum period for release upon bail pending trial granted by the people's court, people's procuratorate and public security organ may not exceed 12 months, and the maximum period for residential surveillance may not exceed six months.()During the period of release upon bail pending trial or residential surveillance, the investigations, prosecution and trial of the case may not be suspended. If it has been found that no criminal responsibility shall be investigated or the time limit for release upon bail pending trial or residential surveillance has expired, it shall be discharged promptly. In that case the person being released upon bail pending trial or placed under residential surveillance as well as the relevant units shall be promptly notified thereof.()Article 59An arrest of a crime suspect or a defendant must be approved by a people's procuratorate or decided by a people's court, and shall be executed by a public security organ.()Article 60When facts prove that a crime suspect or defendant has committed a crime and he could be sentenced to a criminal punishment of not less imprisonment, and if such measures as releasing upon bail pending trial or placing under residential surveillance would not be sufficient to prevent the occurrence of danger to society and an arrest is necessary, the crime suspect or defendant shall be arrested without delay according to law.()A crime suspect or defendant being arrested who is suffering from serious illness or is a pregnant woman or a woman breast-feeding her own baby may be allowed to be subjected to such measures as release upon bail pending trial or residential surveillance.()Article 61Under any of the following circumstances, a public security organ may initially detain an active。
工作心得:完善我国合议庭制度的若干建议
工作心得:完善我国合议庭制度的若干建议一、合议庭概述(一)合议庭的概念合议庭的英文是collegial panel或collegial tribunal。
我国宪法规定:“合议庭指由三名以上审判员或者审判员和人民陪审员集体审判案件的组织形式。
根据《人民法院组织法》第十条和有关的诉讼法的规定,对于第一审的刑事、民事案件,除了法律规定实行独任审判的案件以外,其他所有案件均有3名以上的审判员或者审判员与人民陪审员集体组成合议庭进行审判;而第一审的行政案件一律由合议庭进行审判;上述、抗诉和死刑复核的案件全部由审判员组成合议庭进行审判。
合议庭是根据案件而临时组成的,合议庭的审判长由院长指定审判员一员担任;院长或者庭长参加审判的,由院长或者庭长担任。
合议庭评议案件,实行少数服从多数的原则,但是少数人的意见应当写入笔录。
评议应当制作笔录,由合议庭成员签名。
”合议庭是法院代表国家行使审判权的重要表现形式,中国民事、刑事和行政三大诉讼法都作了规定。
世界各国法律也都规定了合议庭制度,可见,合议庭制度在审判中具有十分重要的地位和作用。
但是,中国现行立法对合议庭制度规定过于粗略,也没有在理论上对合议庭制度进行探讨和分析,因而在审判实践中,合议庭制度本身应有的功能没有得以发挥,甚至有些法院,其合议庭审判纯粹流于形式,有名无实。
(二)我国合议庭的组织形式(以刑诉法为例)我国《刑事诉讼法》规定:“基层人民法院、中级人民法院审判第一审案件,应当由审判员3人或者由审判员和人民陪审员共3人组成合议庭进行,但是基层人民法院适用简易程序的案件可以由审判员1人独任审判。
高级人民法院、最高人民法院审判第一审案件,应当由审判员3人至7人或者由审判员和人陪审员共3人至7人组成合议庭进行。
人民法院审判上诉和抗诉案件,由审判员3人至5人组成合议庭进行,合议庭组成人员应当是单数。
合议庭由院长或者庭长指定审判员1人担任审判长。
院长或者庭长参加审判案件的时候,自己担任审判长。
中华人民共和国刑事诉讼法 双语
中华人民共和国刑事诉讼法双语The Criminal Procedure Law of the People's Republic of China第一章总则Chapter I General Provisions第一条为了正确适用刑事诉讼法,维护社会秩序,保障人民权利,惩治犯罪,保护公民人身、财产安全,制裁违法人员,这个法律订立。
Article 1 This law is enacted in order to properly apply thecriminal procedure law, maintain social order, safeguard the rightsof the people, punish crime, protect the personal and property safety of citizens, and sanction offenders.第二条公安机关、人民检察院、人民法院在刑事诉讼活动中,应当依法彼此协助,互相制约,加强联系。
Article 2 Public security organs, people's procuratorates, and people's courts shall cooperate with each other, constrain each other, and strengthen their connections in criminal proceedings in accordance with the law.第三条刑事诉讼的任务是查明案件的事实,确定案件的性质,依法惩罚犯罪。
Article 3 The task of criminal proceedings is to ascertain the factsof a case, determine its nature, and punish crimes in accordancewith the law.第四条公安机关负责侦查犯罪;人民检察院负责对刑事案件侦查阶段的违法行为进行监督,负责审查逮捕、审查起诉和对其他违法行为的追究;人民法院负责审判犯罪案件。
犯罪嫌疑人诉讼权利义务告知书-中英对照
犯罪嫌疑人诉讼权利义务告知书Rights and Obligations of Suspects根据《中华人民共和国刑事诉讼法》的规定,在公安机关对案件进行侦查期间,犯罪嫌疑人有如下权利和义务:In accordance with the provisions of the Criminal Procedure Law of the People's Republic of China, during the public security organ’s investigation, the suspect has the following rights and obligations:权利:Rights:1、有用本民族的语言文字进行诉讼的权利。
(《中华人民共和国刑事诉讼法》第9条)Citizens of all nationalities shall have the right to use their native spoken and written languages in court proceedings. (Article 9 in Criminal Procedure Law of the People's Republic of China):2、对侦查人员在讯问过程中侵犯他的诉讼权利或者进行人身侮辱的行为,有权提出控告。
(《中华人民共和国刑事诉讼法》第14条)The suspect shall have the right to file charges against investigators whose acts infringe on his citizen's procedural rights or subject him to indignities.3、对于侦查人员、鉴定人、记录人、翻译人员有下列情形之一的,当事人及其法定代理人有权申请回避:(一)是本案的当事人或者是当事人的近亲属的;(二)本人或者他的近亲属和本案有利害关系的;(三)担任过本案的证人、鉴定人、辩护人、诉讼代理人的;(四)与本案当事人有其他关系,可能影响公正处理案件的。
英文法律术语
law enforcement 法律的实施
to come into force 生效
decree 法令
clause 条款
minutes 备忘录
report 判例汇编
codification 法律汇编
legislation 立法
冬日不出门 家中一对一
口语马上提高0.5-1分看这里
律师词汇(c d)
财产租赁 property tenancy
裁定书 order; ruling; determination(指终审裁定)
裁决书 award(用于仲裁)
裁决书 verdict(用于陪审团)
采信的证据 admitted evidence; established evidence
outlaw, outside the law 超出法律范围的
offender 罪犯
to abolish 废止,取消
rescission, annulment 废除,取消
repeal, revocation, annulment 废除(法律)
cancellation, annulment, invalidation 废除(合同)
草拟股权转让协议 drafting agreement of assignment of equity interests
查阅法条 source legal provisions
产权转让 conveyancing
出差 go on errand; go on a business trip
出国深造 further study abroad
《外国刑事诉讼法》课程教学大纲
《外国刑事诉讼法》课程教学大纲一、《外国刑事诉讼法》课程说明(一)课程代码:02130045(二)课程英文名称:The Foreign criminal procedure(三)开课对象:法学专业(四)课程性质:外国刑事诉讼法学是全国高等学校法学教育中一门重要的选修课程,其开设的对象是具有一定法学基础的本科生。
刑事诉讼法和其他法律一样不是自来就有的,它是历史范畴,实在原始社会末期,随着私有制、阶级和国家的产生而产生的。
刑事诉讼法是统治阶级根据自己的意志和利益制定的,是统治阶级对被统治阶级实行专政的工具。
刑事诉讼法是实现刑事实体法正义、限制刑罚权、保障人权的有力武器。
了解国外先进的刑事诉讼制度,对分析和解决我国刑事诉讼法立法和司法实际问题,对具有中国特色的社会主义刑事诉讼法学的形成具有着重要意义。
本课程是法学专业本科生的专业选修课,以完成刑法学和刑事诉讼法学的学习为前提。
(五)教学目的:通过本课程的学习,同学们不仅要从宏观上把握国外刑事诉讼法的基本原则、基本原理和基本知识,从微观上把握我国刑事诉讼制度与外国刑事诉讼制度的差异,而且要从观念上上形成分析、审视和解决我国现行刑事诉讼制度问题和困境的能力。
(六)教学内容:本课程教学的主要内容包括概述、美国刑事诉讼程序概述、美国宪法第四修正案及其应用、宪法第四修正案的要求——合理主义、搜查和逮捕令、无证搜查和扣押、证据排除规则、询问与供认和其他调查程序。
(七)学时数、学分数及学时数具体分配学时数:32 学时学分数: 2学分(八)教学方式:针对本学科理论性与实践性并重的特点,在教学应注意:1、目的论思维的贯彻。
应该说刑事诉讼法学具有很强的理论性,具体制度和理论学说争议更是让人目不暇接。
如何避免迷失在理论的雾霭中是每一个教师必须思考的问题。
因此,我们建议在教学中贯彻目的论的思维。
任何法律制度、法学理论都是为解决人生问题而产生和发展起来的,刑法学也不例外。
2、采用案例教学的方法。
《刑事诉讼法》教学大纲
《刑事诉讼法》教学大纲课程名称:刑事诉讼法英文名称:CriminalProcedureLaw课程代码:2DA3A0090学分:3分总学时:54学时适用专业:法学专业先修课程:宪法学、法理学、刑法学考核方式:闭卷考试一、课程的性质、目的与任务本课程是法学专业本科生的专业基础课程。
刑事诉讼法是我国法律体系中一个重要的组成部分,作为三大程序法之一,它是规定刑事诉讼程序的部门法。
本课程是法学专业的主干课程,是法科学生必修的专业课之一。
本课程的任务是使学生掌握刑事诉讼法学的基本知识和基本理论,熟悉刑事诉讼的基本原则、基本制度和程序。
教学中主要侧重于培养学生分析问题和解决问题的能力,为学生今后从事司法工作或法律服务工作奠定基础。
二、教学基本要求(一)了解刑事诉讼法学课程的体系、结构,了解外国的刑事诉讼制度,对刑事诉讼法学形成一个整体性的认识。
(二)理解现行刑事诉讼法的具体条文和相关司法解释的规定,理解刑事诉讼法的基本概念、基本理论和各项诉讼制度与程序所包含的具体内容;(三)掌握刑事诉讼法学的基本范畴、基本制度以及各种程序的特点,培养和提高分析、解决刑事诉讼中具体问题的能力。
三、教学内容第一章概述??(2学时)第一节刑事诉讼法一、刑事诉讼和刑事诉讼法的概念二、刑事诉讼阶段的概念和划分标准三、刑事诉讼法与民事诉讼法、行政诉讼法的异同第二节刑事诉讼法的法律渊源一、刑事诉讼法的法律渊源二、国际人权公约中刑事司法准则的意义第三节刑事诉讼法学一、刑事诉讼法学的研究对象二、刑事诉讼法学的研究方法第四节刑事诉讼法学的若干基本观念一、司法公正二、惩罚犯罪与保障人权相结合三、控审分离四、控辩对等五、诉讼效率第二章刑事诉讼法的历史发展(2学时)第一节外国刑事诉讼法的历史发展一、刑事诉讼法的沿革二、刑事诉讼模式的沿革第二节中国刑事诉讼法的历史发展一、古代和近代刑事诉讼法二、国民党统治时期的刑事诉讼法三、中华人民共和国制定的刑事诉讼法四、中华人民共和国刑事诉讼法的修改第三章刑事诉讼法的制定目的、根据和任务(1学时)第一节制定刑事诉讼法的目的和根据一、制定刑事诉讼法的双重目的和意义二、制定刑事诉讼法的根据第二节刑事诉讼法的任务一、首要任务二、第二项重要任务三、第三项重要任务第四章刑事诉讼中的专门机关和诉讼参与人(2学时)第一节专门机关一、人民法院二、陪审制度三、人民检察院四、公安机关五、国家安全机关第二节诉讼参与人一、公诉案件中的被害人二、自诉人三、犯罪嫌疑人、被告人四、附带民事诉讼中的原告和被告五、其他诉讼参与人第五章刑事诉讼的基本原则(3学时)第一节概述第二节尊重和保障人权的原则一、本原则的法律依据和主要内容二、本原则在刑事诉讼中的体现第三节侦查权、检察权和审判权由专门机关依法行使的原则一、本原则的法律依据和主要内容二、刑事诉讼法中实行这项原则的重要意义第四节严格遵守法律程序的原则一、本原则的法律依据和意义二、本原则的基本内容第五节依法独立行使检察权、审判权的原则一、本原则的法律依据和主要内容二、刑事诉讼法中实行这项原则的重要意义第六节依靠群众的原则一、本原则的法律依据和主要内容二、正确理解和贯彻执行该原则第七节以事实为根据,以法律为准绳原则一、本原则的法律依据和基本含义二、刑事诉讼法中贯彻这项原则的重要意义第八节对一切公民在适用法律上一律平等原则一、本原则的法律依据和基本含义二、刑事诉讼法中贯彻这项原则的重要意义第九节分工负责、互相配合、互相制约的原则一、本原则的法律依据和基本含义二、刑事诉讼法中贯彻这项原则的重要意义第十节检察机关对刑事诉讼实行法律监督的原则一、本原则的法律依据和主要内容二、刑事诉讼法中贯彻这项原则的重要意义第十一节使用本民族语言文字进行诉讼的原则一、本原则的法律依据和主要内容二、刑事诉讼法中贯彻这项原则的重要意义第十二节犯罪嫌疑人、被告人有权获得辩护的原则一、本原则的法律依据和主要内容二、刑事诉讼法中贯彻这项原则的重要意义第十三节未经法院依法判决不得确定有罪的原则一、本原则的法律依据和基本含义二、刑事诉讼法中贯彻这项原则的重要意义第十四节保障诉讼参与人诉讼权利的原则一、本原则的法律依据二、本原则的主要内容第十五节依法不追诉原则一、本原则的法律依据和主要内容二、刑事诉讼法中贯彻这项原则的重要意义第十六节追究外国人刑事责任适用我国刑事诉讼法原则一、本原则的法律依据和主要内容二、刑事诉讼法中贯彻这项原则的重要意义第十七节国际通行的刑事诉讼原则简介一、程序法定原则二、正当程序原则三、控审分离原则四、无罪推定原则五、控辩平等原则六、有效辩护原则七、适度原则八、禁止双重危险原则第六章管辖(2学时)第一节管辖概述一、管辖的概念及原则二、管辖的意义及分类第二节立案管辖一、公安机关直接受理的刑事案件二、人民检察院直接受理的刑事案件三、人民法院直接受理的刑事案件四、关于执行管辖的几个问题第三节审判管辖一、级别管辖二、地区管辖三、指定管辖四、专门管辖第七章回避(2学时)第一节回避的概念和意义一、回避的概念和意义第二节回避的种类、理由和适用的人员一、回避的种类二、回避的理由三、回避适用的人员第三节回避的程序一、回避的提起二、回避的审查决定三、对驳回申请的复议第八章辩护和代理(4学时,其中实践教学2学时)第一节辩护一、辩护制度的概念及历史发展二、辩护制度的内容三、法律援助制度第二节代理一、刑事代理制度的概念及意义二、自诉案件的代理三、公诉案件中被害人的代理四、附带民事诉讼中的代理实践教学:讲座第九章证据概述(5学时,其中实践教学2学时)第一节证据和证据制度一、证据的概念和意义二、证据的特征三、刑事证据制度第二节证据种类一、物证二、书证三、证人证言四、被害人陈述五、犯罪嫌疑人、被告人供述和辩解六、鉴定结论七、勘验、检查笔录八、视听资料第三节证据的分类一、原始证据与传来证据二、有罪证据和无罪证据三、言词证据和实物证据四、直接证据与间接证据实践教学:案例分析、课堂讨论第十章证明(1学时)第一节概述一、证明的概念二、证明对象三、证明要求四、证明责任和举证责任第二节证据的收集和运用一、收集证据二、审查判断证据三、各类证据的收集及审查判断四、完全运用间接证据认定案情的规则第十一章强制措施(3学时)第一节概述一、强制措施的概念和意义二、适用强制措施应当考虑的因素第二节拘传一、拘传的概念和意义二、拘传的程序第三节取保候审和监视居住一、取保候审的概念、种类和意义二、取保候审的条件三、监视居住的概念和条件四、监视居住的程序第四节拘留一、拘留的概念和意义二、拘留的条件和程序第五节逮捕一、逮捕的概念二、逮捕的条件三、逮捕的批准、决定和执行权限及程序第十二章刑事附带民事诉讼(3学时,其中实践教学1学时)第一节刑事附带民事诉讼的概念和成立条件一、附带民事诉讼的概念及特点二、刑事附带民事诉讼的成立条件三、刑事附带民事诉讼的意义第二节刑事附带民事诉讼的当事人一、刑事附带民事诉讼的原告二、刑事附带民事诉讼的被告第三节刑事附带民事诉讼的程序一、刑事附带民事诉讼的提起二、刑事附带民事诉讼的保全和先予执行三、刑事附带民事诉讼的审判程序实践教学:案例分析第十三章期间和送达(1学时)第一节期间一、期间的概念和意义二、期间的计算第二节送达一、送达的概念和意义二、送达程序第十四章刑事诉讼的终止和中止(2学时)第一节刑事诉讼的中止一、诉讼中止的概念和意义二、诉讼中止的条件和程序第二节刑事诉讼的终止一、诉讼终止的概念和意义二、诉讼终止的条件和程序第十五章立案(2学时)第一节立案程序的概念和意义一、立案程序的概念二、立案程序的意义第二节立案的材料来源和条件一、立案的材料来源二、立案的条件第三节立案的程序一、对立案材料的接受二、对立案材料的审查和处理三、人民检察院对不立案的监督第十六章侦查(4学时,其中实践教学2学时)第一节侦查的概念、任务和意义一、侦查的概念和意义二、侦查的任务第二节讯问犯罪嫌疑人一、讯问犯罪嫌疑人的概念和意义二、讯问犯罪嫌疑人的程序第三节询问证人、被害人一、询问证人的概念和意义二、询问证人的程序三、询问被害人第四节勘验、检查一、勘验、检查的概念和意义二、勘验、检查的种类和程序第五节搜查一、搜查的概念和意义二、搜查的程序第六节扣押物证、书证一、扣押物证、书证的概念和意义二、扣押物证、书证的程序第七节鉴定一、鉴定的概念和意义二、鉴定的程序第八节通缉一、通缉的概念和意义二、通缉的程序和对象第九节律师在侦查阶段的工作一、律师在侦查阶段的诉讼地位二、律师在侦查阶段的诉讼权利三、律师接受委托后在侦查阶段的主要工作第十节侦查终结一、侦查终结的概念和意义二、移送审查起诉的条件和程序三、撤销案件的条件和程序四、侦查程序中对犯罪嫌疑人的羁押期限第十一节人民检察院的侦查一、人民检察院依法行使侦查权二、人民检察院侦查终结的程序第十二节补充侦查一、补充侦查的概念和种类二、不同阶段的补充侦查第十三节侦查监督一、侦查监督的概念和意义二、侦查监督的内容实践教学:案例分析、课堂讨论第十七章起诉(3学时)第一节起诉的概念和意义一、起诉的概念和意义二、提起公诉的一般理论第二节提起公诉的程序一、审查起诉二、提起公诉三、不起诉第三节提起自诉的程序一、自诉案件的范围二、自诉案件的提起条件三、提起自诉的程序第十八章第一审程序(4学时,其中实践教学2学时)第一节第一审程序的概念和意义一、第一审程序的概念二、第一审程序的任务和意义三、第一审程序的改革和发展第二节公诉案件的第一审普通程序一、对公诉案件的审查二、开庭审判前的准备三、法庭审判程序四、单位犯罪案件的审理程序五、被告人认罪案件的审理程序六、延期审理、中止审理七、第一审程序的期限第三节自诉案件的第一审程序一、自诉案件的概念和范围二、自诉案件的提起、审查和处理三、自诉案件的审理第四节简易程序一、简易程序的概念和意义二、简易程序的适用范围三、简易程序的审理第五节判决、裁定和决定一、判决二、裁定三、决定实践教学:模拟法庭审判第十九章第二审程序(3学时,其中实践教学1学时)第一节概述一、两审终审制二、二审程序的概念和特点三、二审程序的任务和意义第二节第二审程序的提起一、提起二审程序的主体二、被害人向人民检察院申请抗诉三、上诉、抗诉的理由四、上诉、抗诉的期限五、上诉、抗诉的方式和程序第三节第二审程序的审判一、对上诉、抗诉案件的审查二、全面审理原则三、二审的审判方式和程序四、对二审案件的处理五、二审案件的审判期限第四节上诉不加刑原则一、上诉不加刑原则的概念和意义二、上诉不加刑原则的适用第五节对扣押、冻结财物的处理实践教学:观看教学片第二十章死刑复核程序(2学时)第一节死刑复核程序的概念和意义第二节判处死刑立即执行案件的复核程序一、行使核准死刑权的人民法院二、死刑立即执行案件的报请复核三、报请复核的基本要求四、审查核准程序第三节判处死刑缓期两年执行案件的复核程序一、对死刑缓期两年执行案件行使核准权的人民法院二、复核死缓案件的程序第二十一章审判监督程序(2学时)第一节审判监督程序的概念、特点和意义一、审判监督程序的概念和任务二、审判监督程序的特点和意义第二节申诉材料与审查处理一、申诉材料的来源二、申诉的法律效力和申诉的理由三、审查处理第三节审判监督程序的提起一、提起审判监督程序的主体二、提起审判监督程序的理由三、提起审判监督程序的方式第四节依照审判监督程序对案件的重新审判一、重新审判的方式和程序二、重新审判案件的审查三、重新审判后的处理第二十二章执行(1学时)第一节概述一、执行的概念、特点和意义二、执行的主体和客体第二节各种判决、裁定的种类与执行机关一、判处死刑立即执行裁判的执行二、对死缓、无期徒刑、有期徒刑和拘役判决的执行三、判处有期徒刑缓刑和拘役缓刑的执行四、判处管制、剥夺政治权利的执行五、判处罚金、没收财产的执行六、无罪判决和免除刑罚的执行第三节执行的变更与其他处理一、死刑和死缓执行的变更二、暂与监外执行三、减刑和假释四、对新罪、漏罪的追究程序五、发现错判和对申诉的处理第四节人民检察院对执行的监督一、人民检察院对各种判决、裁定执行的监督二、人民检察院对执行机关执行刑罚的监督第二十三章未成年人刑事案件诉讼程序(自学)第一节未成年人刑事案件诉讼程序的概念和意义第二节未成年人刑事案件诉讼程序的特有原则第三节未成年人刑事案件诉讼程序的特点第二十四章涉外刑事诉讼程序与司法协助制度(自学)第一节涉外刑事诉讼程序概述第二节涉外刑事诉讼程序的特有原则第三节刑事司法协助第二十五章刑事赔偿程序(自学)第一节刑事赔偿程序的概念和意义第二节刑事赔偿的范围第三节刑事赔偿程序四、教学参考书1、程荣斌主编:《刑事诉讼法》,中国人民大学出版社,2009年版。
法律课程名称 英文翻译知识讲解
法律课程名称英文翻译法学专业课程名称的英文翻译法理学 Jurisprudence中国法制史 History of China Traditional Legal System宪法学 Constitution刑法学 Criminal Law民法学 Civil Law刑事诉讼法学 Criminal Procedure Law民事诉讼法学 Civil Procedure Law行政法学与行政诉讼法学 Administrative Law and Administrative Procedure Law经济法学 Economic Law商法学 Commercial Law知识产权法学 Intellectual Property Law国际法学 Public International Law国际私法 Private International Law国际经济法 International Economic Law犯罪学 Crime Theory监狱法 Jail Law犯罪心理学 Criminal Psychology外国刑法 Foreign Criminal Law证据学 Evidence Science司法文书 Judicial Docments国家赔偿法 State Compensation Law外国刑事诉讼法 Foreign Criminal Procedure Law中国刑法史 History Of Chinese Traditional Criminal Law公务员法 Civil Servants Act国家赔偿法 Civil Servants Act立法学 Legislative Science外国行政法 Foreign Administrative Law律师与公证 Lawyer and Notarization行政复议法 Administrative Review Law行政处罚法 Administrative Penalties Law比较宪法学 Comparative Constitution当代中国地方制度 Modern Chinese Local Governments system 行政行为案例分析 Case Analysis of Administrative Action法哲学 Jurisprudence and Philosophy中国法律思想史 History of Chinese Legal Philosophy西方法律思想史 History of Western Legal Philosophy外国法制史 History of Foreign Legal system比较宪法学 Comparative Constitution英美法概论 Introduction to Anglo-American Law现代西方司法制度概论 Introduction to Modern Western Judicial System比较法总论 Introduction to Comparative Law法律解释学 Science of Construction of Law法律社会学 Legal Sociology中西法律文化概念 Introduction to Sino-Western Legal Cultures立法学 Legislative Science海商法 Maritime Law国际投资法 International Investment Law国际贸易法 International Trade Law国际货币金融法 International Monetary and Financial Law 国际关系史 History of International Relationship国际经贸争端解决法 International Trade Dispute Settlement Law国际民事诉讼法 International Civil Procedure Law国际技术转让法 International Technology Transfer Law世界贸易组织法 World Trade Union Law国际税法 International Tax Law中国区际冲突法 Chinese Interregional Conflicts Law国际人权法 International Human Rights Law合同法 Contract Law婚姻家庭继承法 Marital Family and Inheritance Law公司法 Company Law(or Corporation Law)金融法 Financial Law证券法 Securities Law保险法 Insurance Law外国民商法 Foreign Civil and Commercial Law (or Foreign Civil Law)物权法 Jus rerem(Law of Things)罗马法 Roman Law人格权法 Personal Law侵权行为法 Torts Law司法文书 Judicial Law竞争法 Competition Law企业法 Enterprise Law劳动法 Labor Law环境资源法 Environmental Law财税法 Fiscal Law and Tax Law房地产法 Real Estate Law社会保障法 Social security Law国有资产管理法 State Owned Capitals Law证券法 Securities Law票据法 Commercial Instrument Law保险法 Insurance Law外国经济法 Foreign Economic Law。
《刑事诉讼法》法律术语英译中存在的问题探究
《刑事诉讼法》法律术语英译中存在的问题探究金晓燕摘要:近年来我国大量的法律法规被译成英文,为国外了解中国法律以及国人学习法律英语发挥了积极作用,但目前我国的法律法规英译本的质量却不容乐观。
本文以《中华人民共和国刑事诉讼法》英译本为例,分析了其中对法律术语的英译存在的包括漏译、误译和译名不一致等问题,并提出了相应的解决方法。
关键词:刑事;法律;术语;英译随着中国改革开放的深入以及入世后履行在透明度方面所作出的承诺,近年来我国大量的法律法规被译成英文,为中国法律文化的对外交流起了积极的推动作用。
笔者在工作和学习中接触了大量此类英文译作,在学习和借鉴的同时,也发现存在不少问题,如由于翻译机构的不同,同为官方翻译的法律、行政法规、部门规章、地方性法规及地方政府规章的英译本对同一术语的英译不一致;由于译者水平的不同,译作在风格、语句、术语等方面的翻译水平参差不齐等等,这使得目前我国法律法规的翻译呈现不规范甚至混乱的局面。
作为规范性法律文件,法律法规中的立法语言是一种“最为明确、规范、严谨、简洁的语言文字”(朱立宇,2006:267),作为其译入语的英语法律文本也应体现这一特点,否则将严重影响译作的翻译质量,进而影响中国法律文化的对外交流,甚至影响中国建设“文化大国”的进程。
本文以法律出版社2007年出版的《刑事诉讼法》英文译本为例,探讨该译本中几个法律术语的英译问题,希望以此抛砖引玉,吸引更多人对目前我国法律法规中术语翻译的关注&-、几个刑诉法律术语的英译问题分析刑事诉讼法英译本中的法律术语翻译大致存在下列三类问题:(一)漏译准确性是立法语言的灵魂和生命,因而是立法语言最基本的要求。
(朱立宇,2006:269)为确保准确性,法律法规中的每一字、词都是立法者字斟句酌再三考虑的选择,尽可能排除了任何随意性。
翻译法律文件时,译者必须认真研读原文语句,在准确理解的基础上进行翻译,全面、准确地再现原文,否则的话,将出现漏译这样严重的失误&如:226•-《刑事诉讼法》法律术语英译中存在的问题探究1.第214条对于被判处有期徒刑或者拘役的罪犯,有下列情形之一的,可以暂予监外执行:Article214A criminal...may be permitted to temporarily serve his sentence outside prison:此条中将“监外执行”中的“监”理解为“监狱”,相应地译为prison。
刑事诉讼法(1979年)
法规名称中华人民共和国刑事诉讼法(1979年)颁布机构全国人民代表大会颁布时间1979.07.07实施时间1980.01.01效力属性已修正效力说明本法规已被全国人民代表大会关于修改《中华人民共和国刑事诉讼法》的决定(颁布时间:1996-03-17 实施时间:1997-01-01)修订法规文号常务委员会委员长令第六号中华人民共和国刑事诉讼法(1979年)(一九七九年七月一日第五届全国人民代表大会第二次会议通过、一九七九年七月七日全国人民代表大会常务委员会委员长令第六号公布、一九八0年一月一日起施行)目录第一编总则第一章指导思想、任务和基本原则第二章管辖第三章回避第四章辩护第五章证据第六章强制措施第七章附带民事诉讼第八章期间、送达第九章其他规定第二编立案、侦查和提起公诉第一章立案第二章侦查第一节讯问被告人第二节询问证人第三节勘验、检查第四节搜查第五节扣押物证、书证第六节鉴定第七节通缉第八节侦查终结第三章提起公诉第二编审判第一章审判组织第二章第一审程序第一节公诉案件第二节自诉案件第三章第二审程序第四章死刑复核程序第五章审判监督程序第四编执行第一编总则第一章指导思想、任务和基本原则第一条中华人民共和国刑事诉讼法,以马克思列宁主义毛泽东思想为指针,以宪法为根据,结合我国各族人民实行无产阶级领导的、工农联盟为基础的人民民主专政即无产阶级专政的具体经验和打击敌人、保护人民的实际需要制定。
关联资料:宪法法律共1条司法解释共1条第二条中华人民共和国刑事诉讼法的任务,是保证准确、及时地查明犯罪事实,正确应用法律,惩罚犯罪分子,保障无罪的人不受刑事追究,教育公民自觉遵守法律,积极同犯罪行为作斗争,以维护社会主义法制,保护公民的人身权利、民主权利和其它权利,保障社会主义革命和社会主义建设事业的顺利进行。
第三条对刑事案件的侦查、拘留、预审,由公安机关负责。
批准逮捕和检察(包括侦查)、提起公诉,由人民检察院负责。
审判由人民法院负责。
法律法规英文译法09.10.8
法律法规英文译法09.10.8中华人民共和国民事诉讼法(1991年4月9日第七届全国人民代表大会第四次会议通过,1991年4月9日中华人民共和国主席令第44号公布,自公布之日起实行)Civil Procedure Law of the People’s Republic of China (Adopted at the Fourth Session of the Seventh National People's Congress on April 9, 1991, promulgated by Order No. 44 of the President of the People's Republic of China on April 9, 1991, and effective as of the date of promulgation)中华人民共和国道路交通安全法(2003年10月28日中华人民共和国第十届全国人民代表大会常务委员会第五次会议于通过,中华人民共和国主席令第八号公布,自2004年5月1日起施行)Law of the People's Republic of China on Road Traffic Safety (Adopted at the Fifth Session of the Standing Committee of the 10th National People's Congress of the People's Republic of China on October 28, 2003, promulgated by Order No. 8 of the President of the People’s Republic of China, and effective as of May 1, 2004.)练习:《中华人民共和国侵权责任法》《中华人民共和国侵权责任法》已由中华人民共和国第十一届全国人民代表大会常务委员会第十二次会议于2009年12月26日通过,现予公布,自2010年7月1日起施行。
监察法英文版
监察法英文版The Supervision Law (English Version)The Supervision Law of the People's Republic of China, which was adopted on March 20, 2018, is an essential legal document that aims to strengthen the supervision system in China. The law plays a crucial role in preventing corruption, promoting clean governance, and protecting the rights and interests of the people.The Supervision Law establishes the National Supervisory Commission, which is responsible for supervising public officials and employees of state-owned enterprises. The commission has the authority to investigate and punish individuals who violate the law and regulations. It also has the power to detain suspects and freeze their assets during the investigation process.One of the key features of the Supervision Law is the establishment of supervisory commissions at various levels of government. These commissions are responsible for supervising the conduct of public officials and employees within their jurisdictions. They have the power to conduct investigations, collect evidence, and recommend disciplinary actions against those who violate the law.The Supervision Law also includes provisions to protect the rights of individuals under investigation. It guarantees the right to legal counsel, the right to remain silent, and the right to be informed of the charges against them. It also prohibits the use of torture, threats, or other forms of coercion during the investigation process.Furthermore, the Supervision Law emphasizes the importance of transparency and accountability in the supervisory process. It requires supervisory commissions to report their activities to the National Supervisory Commission and the People's Congress. It also encourages the participation of the public in the supervision of public officials and employees.In conclusion, the Supervision Law of China is a significant legal instrument that aims to combat corruption, promote clean governance, and protect the rights of thepeople. By establishing a robust supervisory system and ensuring the rule of law, the law contributes to the building of a more just and equitable society.。
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Criminal Procedure Law of the People's Republic of China(Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979, promulgated by Order No.6 of the Chairman of the Standing Committee of the National People's Congress on July 7, 1979 and effective as of January 1, 1980; amended in according with the Decision on Revising the Criminal Procedure Law of the People's Republic of China adopted at the Forth Session of the Eighth National People's Congress on March 17, 1996)ContentsPart One General ProvisionsChapter I Aim and Basic PrinciplesChapter II JurisdictionChapter III WithdrawalChapter IV Defence and RepresentationChapter V EvidenceChapter VI Compulsory MeasuresChapter VII Incidental Civil ActionsChapter VIII Time Periods and ServiceChapter IX Other ProvisionsPart Two Filing a Case, Investigation, and Initiation of Public Prosecution Chapter I Filing a CaseChapter II InvestigationSection 1 General ProvisionsSection 2 Interrogation of the Criminal SuspectSection 3 Questioning of the WitnessesSection 4 Inquest and ExaminationSection 5 SearchSection 6 Seizure of Material Evidence and Documentary EvidenceSection 7 Expert EvaluationSection 8 Wanted OrdersSection 9 Conclusion of InvestigationSection 10 Investigation of Cases Directly Accepted by the People's ProcuratoratesChapter III Initiation of Public ProsecutionPart Three TrialChapter I Trial OrganizationsChapter II Procedure of First InstanceSection 1 Cases of Public ProsecutionSection 2 Cases of Private ProsecutionSection 3 Summary ProcedureChapter III Procedure of Second InstanceChapter IV Procedure for Review of Death SentencesChapter V Procedure for Trial SupervisionPart Four ExecutionSupplementary ProvisionsPart One General ProvisionsChapter I Aim and Basic PrinciplesArticle 1 This Law is enacted in accordance with the Constitution and for the purpose of ensuring correct enforcement of the Criminal Law, punishing crimes, protecting the people, safeguarding State and public security and maintaining socialist public order.Article 2 The aim of the Criminal Procedure Law of the People's Republic of China is: to ensure accurate and timely ascertainment of facts about crimes, correct application of law, punishment of criminals and protection of the innocent against being investigated for criminal responsibility; to enhance the citizens' awareness of the need to abide by law and to fight vigorously against criminal acts in order to safeguard the socialist legal system, to protect the citizens' personal rights; their property rights, democratic rights and other rights; and to guarantee smooth progress of the cause of socialist development.Article 3 The public security organs shall be responsible for investigation, detention, execution of arrests and preliminary inquiry in criminal cases. The People's Procuratorates shall be responsible for procuratorial work, authorizing approval of arrests, conducting investigation and initiating public prosecution of cases directly accepted by the procuratorial organs. The People's Courts shall be responsible for adjudication. Except as otherwise provided by law, no other organs, organizations or individuals shall have the authority to exercise such powers. In conducting criminal proceedings, the People's Courts, the People's Procuratorates and the public security organs must strictly observe this Law and any relevant stipulations of other laws.Article 4 State security organs shall, in accordance with law, handle cases of crimes that endanger State security, performing the same functions and powers as the public security organs.Article 5 The People's Courts shall exercise judicial power independently in accordance with law and the People's Procuratorates shall exercise procuratorial power independently in accordance with law, and they shall be free from interference by any administrative organ, public organization or individual.Article 6 In conducting criminal proceedings, the People's Courts, the People's Procuratorates and the public security organs must rely on the masses, base themselves on facts and take law as the criterion. The law applies equally to all citizens and no privilege whatsoever is permissible before law.Article 7 In conducting criminal proceedings, the People's Courts, the People's Procuratorates and the public security organs shall divide responsibilities, coordinate their efforts and check each other to ensure the correct and effective enforcement of law.Article 8 The People's Procuratorates shall, in accordance with law, exercise legalsupervision over criminal proceedings.Article 9 Citizens of all nationalities shall have the right to use their native spoken and written languages in court proceedings. The People's Courts, the People's Procuratorates and the public security organs shall provide translations for any party to the court proceedings who is not familiar with the spoken or written language commonly used in the locality.Where people of a minority nationality live in a concentrated community or where a number of nationalities live together in one area, court hearings shall be conducted in the spoken language commonly used in the locality, and judgments, notices and other documents shall be issued in the written language commonly used in the locality.Article 10 In trying cases, the People's Courts shall apply the system whereby the second instance is final.Article 11 Cases in the People's Courts shall be heard in public, unless otherwise provided by this Law. A defendant shall have the right to defence, and the People's Courts shall have the duty to guarantee his defence.Article 12 No person shall be found guilty without being judged as such by a People's Court according to law.Article 13 In trying cases, the People's Courts shall apply the system of people's assessors taking part in trials in accordance with this Law.Article 14 The People's Courts, the People's Procuratorates and the public security organs shall safeguard the procedural rights to which participants in proceedings are entitled according to law.In cases where a minor under the age of 18 commits a crime, the criminal suspect and the legal representative of the defendant may be notified to be present at the time of interrogation and trial.Participants in proceedings shall have the right to file charges against judges, procurators and investigators whose acts infringe on their citizen's procedural rights or subject their persons to indignities.Article 15 In any of the following circumstances, no criminal responsibility shall be investigated; if investigation has already been undertaken, the case shall be dismissed, or prosecution shall not be initiated, or the handling shall be terminated, or innocence shall be declared:(1) if an act is obviously minor, causing no serious harm, and is therefore not deemeda crime;(2) if the limitation period for criminal prosecution has expired;(3) if an exemption of criminal punishment has been granted in a special amnesty decree;(4) if the crime is to be handled only upon complaint according to the Criminal Law, but there has been no complaint or the complaint has been withdrawn;(5) if the criminal suspect or defendant is deceased; or(6) if other laws provide an exemption from investigation of criminal responsibility.Article 16 Provisions of this Law shall apply to foreigners who commit crimes forwhich criminal responsibility should be investigated.If foreigners with diplomatic privileges and immunities commit crimes for which criminal responsibility should be investigated, those cases shall be resolved through diplomatic channels.Article 17 In accordance with the international treaties which the People's Republic of China has concluded or acceded to or on the principle of reciprocity, the judicial organs of China and that of other countries may request judicial assistance from each other in criminal affairs.Chapter II JurisdictionArticle 18 Investigation in criminal cases shall be conducted by the public security organs, except as otherwise provided by law.Crimes of embezzlement and bribery, crimes of dereliction of duty committed by State functionaries, and crimes involving violations of a citizen's personal rights such as illegal detention, extortion of confessions by torture, retaliation, frame-up and illegal search and crimes involving infringement of a citizen's democratic rights -- committed by State functionaries by taking advantage of their functions and powers -- shall be placed on file for investigation by the People's Procuratorates. If cases involving other grave crimes committed by State functionaries by taking advantage of their functions and powers need be handled directly by the People's Procuratorates, they may be placed on file for investigation by the People's Procuratorates upon decision by the People's Procuratorates at or above the provincial level.Cases of private prosecution shall be handled directly by the People's Courts. Article 19 The Primary People's Courts shall have jurisdiction as courts of first instance over ordinary criminal cases; however, those cases which fall under the jurisdiction of the People's Courts at higher levels as stipulated by this Law shall be exceptions.Article 20 The Intermediate People's Courts shall have jurisdiction as courts of first instance over the following criminal cases:(1) counterrevolutionary cases and cases endangering State security;(2) ordinary criminal cases punishable by life imprisonment or the death penalty; and(3) criminal cases in which the offenders are foreigners.Article 21 The Higher People's Courts shall have jurisdiction as courts of first instance over major criminal cases that pertain to an entire province (or autonomous region, or municipality directly under the Central Government).Article 22 The Supreme People's Court shall have jurisdiction as the court of first instance over major criminal cases that pertain to the whole nation.Article 23 When necessary, People's Courts at higher levels may try criminal cases over which People's Courts at lower levels have jurisdiction as courts of first instance; If a People's Court at a lower level considers the circumstances of a criminal case in the first instance to be major or complex and to necessitate a trial by a People's Court at a higher level, it may request that the case be transferred to the People's Court at the next higher level for trial.Article 24 A criminal case shall be under the jurisdiction of the People's Court in the place where the crime was committed. If it is more appropriate for the case to be tried by the People's Court in the place where the defendant resides, then that court may have jurisdiction over the case.Article 25 When two or more People's Courts at the same level have jurisdiction over a case, it shall be tried by the People's Court that first accepted it. When necessary the case may be transferred for trial to the People's Court in the principal place where the crime was committed.Article 26 A People's Court at a higher level may instruct a People's Court at a lower level to try a case over which jurisdiction is unclear and may also instruct a People's Court at a lower level to transfer the case to another People's Court for trial.Article 27 The jurisdiction over cases in special People's Courts shall be stipulated separately.Chapter III WithdrawalArticle 28 In any of the following situations, a member of the judicial, procuratorial or investigatory personnel shall voluntarily withdraw, and the parties to the case and their legal representatives shall have the right to demand his withdrawal:(1) if he is a party or a near relative of a party to the case;(2) if he or a near relative of his has an interest in the case;(3) if he has served as a witness, expert witness, defender or agent ad litem in the current case ; or(4) if he has any other relations with a party to the case that could affect the impartial handling of the case.Article 29 Judges, procurators or investigators shall not accept invitations to dinner or presents from the parties to a case or the persons entrusted by the parties and shall not in violation of regulations meet with the parties to a case or the persons entrusted by the parties.Any judge, procurator or investigator who violates the provisions in the preceding paragraph shall be investigated for legal responsibility. The parties to the case and their legal representatives shall have the right to request him to withdraw. Article 30 The withdrawal of a judge, procurator and investigator shall be determined respectively by the president of the court, the chief procurator, and the head of a public security organ; the withdrawal of the president of the court shall be determined by the court's judicial committee; and the withdrawal of the chief procurator or the head of a public security organ shall be determined by the procuratorial committee of the People's Procuratorate at the corresponding level. An investigator may not suspend investigation of a case before a decision is made on his withdrawal.If a decision has been made to reject his application for withdrawal, the party or his legal representative may apply for reconsideration once.Article 31 The provisions of Articles 28, 29 and 30 of this Law shall also apply to court clerks, interpreters and expert witnesses.Chapter IV Defence and RepresentationArticle 32 In addition to exercising the right to defend himself, a criminal suspect or a defendant may entrust one or two persons as his defenders. The following persons may be entrusted as defenders:(1) lawyers;(2) persons recommended by a public organization or the unit to which the criminal suspect or the defendant belongs; and(3) guardians or relatives and friends of the criminal suspect or the defendant. Persons who are under criminal punishment or whose personal freedom is deprived of or restricted according to law shall not serve as defenders.Article 33 A criminal suspect in a case of public prosecution shall have the right to entrust persons as his defenders from the date on which the case is transferred for examination before prosecution. A defendant in a case of private prosecution shall have the right to entrust persons as his defenders at any time.A People's Procuratorate shall, within three days from the date of receiving the file record of a case transferred for examination before prosecution, inform the criminal suspect that he has the right to entrust persons as his defenders. A People's Court shall, within three days from the date of accepting a case of private prosecution, inform the defendant that he has the right to entrust persons as his defenders.Article 34 If a case is to be brought in court by a public prosecutor and the defendant involved has not entrusted anyone to be his defender due to financial difficulties or other reasons, the People's Court may designate a lawyer that is obligated to provide legal aid to serve as a defender.If the defendant is blind, deaf or mute, or if he is a minor, and thus has not entrusted anyone to be his defender, the People's Court shall designate a lawyer that is obligated to provide legal aid to serve as a defender.If there is the possibility that the defendant may be sentenced to death and yet he has not entrusted anyone to be his defender, the People's Court shall designate a lawyer that is obligated to provide legal aid to serve as a defender.Article 35 The responsibility of a defender shall be to present, according to the facts and law, materials and opinions proving the innocence of the criminal suspect or defendant, the pettiness of his crime and the need for a mitigated punishment or exemption from criminal responsibility, thus safeguarding the lawful rights and interests of the criminal suspect or the defendant.Article 36 Defence lawyers may, from the date on which the People's Procuratorate begins to examine a case for prosecution, consult, extract and duplicate the judicial documents pertaining to the current case and the technical verification material, and may meet and correspond with the criminal suspect in custody. Other defenders, with permission of the People's Procuratorate, may also consult, extract and duplicate the above-mentioned material, meet and correspond with the criminal suspect in custody.Defence lawyers may, from the date on which the People's Court accepts a case, consult, extract and duplicate the material of the facts of the crime accused in the currentcase, and may meet and correspond with the defendant in custody. Other defenders, with permission of the People's Court, may also consult, extract and duplicate the above-mentioned material, and may meet and correspond with the defendant in custody. Article 37 Defence lawyers may, with the consent of the witnesses or other units and individuals concerned, collect information pertaining to the current case from them and they may also apply to the People's Procuratorate or the People's Court for the collection and obtaining of evidence, or request the People's Court to inform the witnesses to appear in court and give testimony. With permission of the People's Procuratorate or the People's Court and with the consent of the victim, his near relatives or the witnesses provided by the victim, defence lawyers may collect information pertaining to the current case from them.Article 38 Defense lawyers and other defenders shall not help the criminal suspects or defendants to conceal, destroy or falsify evidence or to tally their confessions, and shall not intimidate or induce the witnesses to modify their testimony or give false testimony or conduct other acts to interfere with the proceedings of the judicial organs.Whoever violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law.Article 39 During a trial, the defendant may refuse to have his defender continue to defend him and may entrust his defence to another defender.Article 40 A victim in a case of public prosecution, his legal representatives or near relatives, and a party in an incidental civil action and his legal representatives shall, from the date on which the case is transferred for examination before prosecution, have the right to entrust agents ad litem. A private prosecutor in a case of private prosecution and his legal representatives, and a party in an incidental civil action and his legal representatives shall have the right to entrust agents ad litem at any time.The People's Procuratorate shall, within three days from the date of receiving the file record of a case transferred for examination before prosecution, notify the victim and his legal representatives or near relatives and the party in an incidental civil action and his legal representatives that they have the right to entrust agents ad litem. The People's Court shall, within three days from the date of accepting a case of private prosecution, notify the private prosecutor and his legal representatives and the party in an incidental civil action and his legal representatives that they have the right to entrust agents ad litem.Article 41 With regard to entrusting of agents ad litem, the provisions of Article 32 of this Law shall be applied mutatis mutandis.Chapter V EvidenceArticle 42 All facts that prove the true circumstances of a case shall be evidence. There shall be the following seven categories of evidence:(1) material evidence and documentary evidence;(2) testimony of witnesses;(3) statements of victims;(4) statements and exculpations of criminal suspects or defendants;(5) expert conclusions;(6) records of inquests and examination; and(7) audio-visual materials. Any of the above evidence must be verified before it can be used as the basis for deciding cases.Article 43 Judges, procurators and investigators must, in accordance with the legally prescribed process, collect various kinds of evidence that can prove the criminal suspect's or defendant's guilt or innocence and the gravity of his crime. It shall be strictly forbidden to extort confessions by torture and to collect evidence by threat, enticement, deceit or other unlawful means. Conditions must be guaranteed for all citizens who are involved in a case or who have information about the circumstances of a case to objectively and fully furnish evidence and, except in special circumstances, they may be brought in to help the investigation. Article 44 The public security organ's requests for approval of arrest, the People's Procuratorate's bills of prosecution and the People's Court's written judgments must be faithful to the facts. The responsibility of anyone who intentionally conceals the facts shall be investigated.Article 45 The People's Courts, the People's Procuratorates and the public security organs shall have the authority to collect or obtain evidence from the units and individuals concerned. The units and individuals concerned shall provide truthful evidence.Evidence involving State secrets shall be kept confidential.Anyone that falsifies, conceals or destroys evidence, regardless of which side of a case he belongs to, must be investigated under law.Article 46 In the decision of all cases, stress shall be laid on evidence, investigation and study; credence shall not be readily given to oral statements.A defendant cannot be found guilty and sentenced to a criminal punishment if there is only his statement but no evidence; the defendant may be found guilty and sentenced to a criminal punishment if evidence is sufficient and reliable, even without his statement.Article 47 The testimony of a witness may be used as a basis in deciding a case only after the witness has been questioned and cross-examined in the courtroom by both sides, that is, the public prosecutor and victim as well as the defendant and defenders, and after the testimonies of the witnesses on all sides have been heard and verified. If a court discovers through investigation that a witness has intentionally given false testimony or concealed criminal evidence, it shall handle the matter in accordance with law.Article 48 All those who have information about a case shall have the duty to testify. Physically or mentally handicapped persons or minors who cannot distinguish right from wrong or cannot properly express themselves shall not be qualified as witnesses. Article 49 The People's Courts, the People's Procuratorates and the public security organs shall insure the safety of witnesses and their near relatives. Anyone who intimidates, humiliates, beats or retaliates against a witness or his near relatives, if his act constitutes a crime, shall be investigated for criminal responsibility according to law; if the case is not serious enough for criminal punishment, he shallbe punished for violation of public security in accordance with law.Chapter VI Compulsory MeasuresArticle 50 The People's Courts, the People's Procuratorates and the public security organs may, according to the circumstances of a case, issue a warrant to compel the appearance of the criminal suspect or defendant, order him to obtain a guarantor pending trial or subject him to residential surveillance.Article 51 The People's Courts, the People's Procuratorates and the public security organs may allow criminal suspects or defendants under any of the following conditions to obtain a guarantor pending trial or subject them to residential surveillance:(1) They may be sentenced to public surveillance, criminal detention or simply imposed with supplementary punishments; or(2) They may be imposed with a punishment of fixed-term imprisonment at least and would not endanger society if they are allowed to obtain a guarantor pending trial or are placed under residential surveillance.The public security organs shall execute the decision on allowing a criminal suspect or defendant to obtain a guarantor pending trial or on subjecting him to residential surveillance.Article 52 A criminal suspect or defendant in custody and his legal representatives or near relatives shall have the right to apply for obtaining a guarantor pending trial.Article 53 If the People's Courts, the People's Procuratorates or the public security organs decide to allow a criminal suspect or defendant to obtain a guarantor pending trial, they shall order the criminal suspect or defendant to provide a guarantor or pay guaranty money.Article 54 A guarantor must be a person who meets the following conditions:(1) to be not involved in the current case;(2) to be able to perform a guarantor's duties;(3) to be entitled to political rights and not subjected to restriction of personal freedom; and(4) to have a fixed domicile and steady income.Article 55 A guarantor shall perform the following duties:(1) to see to it that the person under his guarantee observes the provisions of Article 56 of this Law; and(2) to promptly report to the executing organ when finding that the person under his guarantee may commit or has already committed acts in violation of the provisions of Article 56 of this Law.If the guarantor fails to report promptly when the person under his guarantee has committed an act in violation of the provisions of Article 56 of this Law, he shall be fined. If the case constitutes a crime, criminal responsibility shall be investigated according to law.Article 56 A criminal suspect or defendant who has obtained a guarantor pending trial shall observe the following provisions:(1) not to leave the city or county where he resides without permission of theexecuting organ;(2) to be present in time at a court when summoned;(3) not to interfere in any form with the witness when the latter gives testimony; and(4) not to destroy or falsify evidence or tally confessions.If a criminal suspect or defendant who has obtained a guarantor pending trial violates the provisions of the preceding paragraph, the guaranty money paid shall be confiscated. In addition, in light of specific circumstances, the criminal suspect or defendant shall be ordered to write a statement of repentance, pay guaranty money or provide a guarantor again, or shall be subjected to residential surveillance or arrested. If a criminal suspect or defendant is found not to have violated the provisions in the preceding paragraph during the period when he has obtained a guarantor pending trial, the guaranty money shall be returned to him at the end of the period.Article 57 A criminal suspect or defendant under residential surveillance shall observe the following provisions:(1) not to leave his domicile without permission of the executing organ or, if he has no fixed domicile, not to leave the designated residence without permission;(2) not to meet with others without permission of the executing organ;(3) to be present in time at a court when summoned;(4) not to interfere in any form with the witness when the latter gives testimony; and(5) not to destroy or falsify evidence or tally confessions.If a criminal suspect or defendant under residential surveillance violates the provisions of the preceding paragraph and if the case is serious, he shall be arrested.Article 58 The period granted by a People's Court, People's Procuratorate or public security organ to a criminal suspect or defendant for awaiting trial after obtaining a guarantor shall not exceed twelve months; the period for residential surveillance shall not exceed six months.During the period when the criminal suspect or defendant is awaiting trial after obtaining a guarantor or when he is under residential surveillance, investigation, prosecution and handling of the case shall not be suspended. If it is discovered that the criminal suspect or the defendant should not be investigated for criminal responsibility or when the period for awaiting trial after obtaining a guarantor or the period of residential surveillance has expired, such period shall be terminated without delay. The person who has obtained a guarantor pending trial or who is under residential surveillance and the units concerned shall be notified of the termination immediately.Article 59 Arrests of criminal suspects or defendants shall be subject to approval by a People's Procuratorate or decision by a People's Court and shall be executed by a public security organ.Article 60 When there is evidence to support the facts of a crime and the criminal suspect or defendant could be sentenced to a punishment of not less than imprisonment,。