Traditional Culture Encyclopedia - Traditional stories - The main differences between traditional inquisitorial litigation and authoritative litigation are as follows
The main differences between traditional inquisitorial litigation and authoritative litigation are as follows
These two litigation modes are concepts in the field of criminal litigation. Ex officio litigation is a litigation mode in which public authorities actively participate in the trial of cases, and it is also a criminal litigation mode in modern continental law system. Interrogative litigation is a criminal litigation mode in feudal society, which is investigated by judicial organs according to their functions and powers, regardless of whether the victim complains or not. In terms of time, ex officio litigation mode is the development of ex officio litigation mode on the premise of safeguarding human rights and giving consideration to efficiency. In terms of openness, the inquisitorial litigation mode is highly open, and the judge conducts the trial in the form of free evaluation of evidence. However, the inquisitorial proceedings will be held in secret. Due to its feudal nature, defendants are often subjected to inhuman treatment such as torture. In terms of judicial initiative, inquisitorial litigation means that all judicial organs take the initiative to investigate, which is rigid and time-consuming. Authoritarianism is to some extent the cheapness of justice. According to the nature of the case and the requirements of the parties, some cases are not pursued and are more flexible.
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