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郭国汀律师专栏
·《共和革命之父孙中山》1、身世
·《共和革命之父孙中山》3、孙文共和民主革命
·《共和革命之父孙中山》6、日本政要支持孙文
·《共和革命之父孙中山》8、义和拳乱
·《共和革命之父孙中山》9、革命派与改良派
·《共和革命之父孙中山》10、孙文革命与华侨和留学生
·《共和革命之父孙中山》11、晚清的改革
·《共和革命之父孙中山传奇》12、四处筹资促革命
·《共和革命之父孙中山》13、黄花岗起义
·《共和革命之父孙中山》14、保路运动
·《共和革命之父孙中山》15、武昌起义
·《共和革命之父孙中山》16、袁世凯趁虚劫权
·《共和革命之父孙中山》17、辛亥革命的意义
·《共和革命之父孙中山》18、捍卫革命精神
·《共和革命之父孙中山》19、宋教仁遇刺
·《共和革命之父孙中山》20、二次革命
·《共和革命之父孙中山》21、袁世凯破坏共和体制
·《共和革命之父孙中山》22、中华革命党
·《共和革命之父孙中山》23、袁世凯称帝闹剧
·《共和革命之父孙中山》24、袁世凯众叛亲离
·《共和革命之父孙中山》25、张勋复辟帝制
·《共和革命之父孙中山》26.孙文护宪
·《共和革命之父孙中山》27.著书立说
·《共和革命之父孙中山》28.新文化运动和五四运动
·29.新文化及五四期间的孙文
·《共和革命之父孙中山》30.东山再起
·《共和革命之父孙中山》31、孙文为何联俄容共?
·《共和革命之父孙中山》32.孙越上海宣言
·《共和革命之父孙中山》33.阴差阳错 逼上梁山
·《共和革命之父孙中山》34.以俄为师
·《共和革命之父孙中山》35.反帝遵儒
·《共和革命之父孙中山》36.关税事件
·《共和革命之父孙中山》37.国民党一大
·《共和革命之父孙中山》38.三民主义
·《共和革命之父孙中山》39.屡战屡北
·《共和革命之父孙中山》40.最后岁月
·《共和革命之父孙中山》41.壮志未酬身先死
·国际权威专家对孙文的客观公正评价
·辛亥革命重大历史与现实意义
***(32)《还原蒋介石》郭国汀译著
·郭国汀谈论毛泽东和蒋介石
·我为何研究孙文,蒋介石及中华民国史?
·《民族英雄蒋介石》
·《还原蒋介石》:身世
·《还原蒋介石》:辛亥革命中的蒋介石
·《还原蒋介石》:二次革命
·《还原蒋介石》:中华革命党
·《还原蒋介石》:袁世凯称帝与张勋复辟
·《还原蒋介石》:军阀混战
·《还原蒋介石》:南北军政府对抗
·《还原蒋介石》:辞职将军蒋介石
·《还原蒋介石》:孝子情深
·《还原蒋介石》:情深义重
·《还原蒋介石》:远见卓识 肝胆相照
·《还原蒋介石》:壮志未酬身先死
·《还原蒋介石》:列宁的对华政策
·《还原蒋介石》:中共的由来
·《还原蒋介石》:孙中山的“联俄容共”
·《还原蒋介石》:共产党篡夺国民党的领导权
·《还原蒋介石》:篡党夺权
·《还原蒋介石》:‘联俄联共,扶助农工’的骗局
·《还原蒋介石》:蒋介石领导北伐
·《还原蒋介石》:中山舰事件真相
·《还原蒋介石》:北伐雄师所向无敌
·《还原蒋介石》:中共恶意制造南京事件
·《还原蒋介石》:共产党阴谋操控反蒋运动
·《还原蒋介石》:上海三次起义
·《还原蒋介石》:汪(精卫)陈(独秀)联合宣言
·《还原蒋介石》:四一二清党真相
·《还原蒋介石》:恢复北伐
·《还原蒋介石》:宁汉政府相争
·《民族英雄蒋介石》33、汪精卫武汉政府清共
·《民族英雄蒋介石》34、南昌暴动
·《民族英雄蒋介石》35、蒋介石辞职
·《民族英雄蒋介石》36、蒋介石访日
·《民族英雄蒋介石》37、蒋(介石)宋(美玲)联姻
·《民族英雄蒋介石》38、广州暴动国民党与苏联决裂
·《民族英雄蒋介石》40、济南事件
·《民族英雄蒋介石》39、北伐第二阶段
·《民族英雄蒋介石》41、浩气长存的蔡公时
·《民族英雄蒋介石》42、忍辱负重
·《民族英雄蒋介石》43、北伐最后阶段
·《民族英雄蒋介石》44、日本关东军暗杀张作霖
·《民族英雄蒋介石》45、北伐军胜利汇师北京
·《民族英雄蒋介石》46、满洲易帜归国民政府
·《民族英雄蒋介石》47、关税自治,
·《民族英雄蒋介石》48、李宗仁及冯玉祥反叛
·《民族英雄蒋介石》49、南方战云--叛乱的瘟疫
·《民族英雄蒋介石》50 、中原大战
·《民族英雄蒋介石》51 周恩来的灭门惨案
·《民族英雄蒋介石》52、共匪红军的兴起
·《民族英雄蒋介石》53、剿共匪--攘外必先安内
·《民族英雄蒋介石》54、55、56 “九一八事变”
·《民族英雄蒋介石》57 日本侵华与国联
·《民族英雄蒋介石》58 忍辱负重
·《民族英雄蒋介石》59、上海“一二八”抗战
·《民族英雄蒋介石》60、皮肉伤与心脏病
·《民族英雄蒋介石》61儒雅绅士 基督情怀
·《民族英雄蒋介石》62、国家危机和国内政治
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(起诉和惩罚欧洲轴心国主要战争罪犯的国际军事法庭协议(纽伦堡宪章))接上页博讯www.peacehall.com

   Leaders, organizers, instigators and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan.

   

   

   Art. 7. The official position of defendants, whether as Heads of State or responsible officials in Government Departments, shall not be considered as freeing them from responsibility or mitigating punishment.

   

   

   Art. 8. The fact that the Defendant acted pursuant to order of his Government or of a superior shall not free him from responsibility, but may be considered in mitigation of punishment if the Tribunal determines that justice so requires.

   

   

   Art. 9. At the trial of any individual member of any group or organization the Tribunal may declare (in connection with any act of which the individual may be convicted) that the group or organization of which the individual was a member was a criminal organization.

   After receipt of the Indictment the Tribunal shall give such notice as it thinks fit that the prosecution intends to ask the Tribunal to make such declaration and any member of the organization will be entitled to apply to the Tribunal for leave to be heard by the Tribunal upon the question of the criminal character of the organization. The Tribunal shall have power to allow or reject the application. If the application is allowed, the Tribunal may direct in what manner the applicants shall be represented and heard.

   

   

   Art. 10. In cases where a group or organization is declared criminal by the Tribunal, the competent national authority of any Signatory shall have the right to bring individuals to trial for membership therein before national, military or occupation courts. In any such case the criminal nature of the group or organization is considered proved and shall not be questioned.

   

   

   Art. 11. Any person convicted by the Tribunal may be charged before a national, military or occupation court, referred to in Article 10 of this Charter, with a crime other than of membership in a criminal group or organization and such court may, after convicting him, impose upon him punishment independent of and additional to the punishment imposed by the Tribunal for participation in the criminal activities of such group or organization.

   

   

   Art. 12. The Tribunal shall have the right to take proceedings against a person charged with crimes set out in Article 6 of this Charter in his absence, if he has not been found or if the Tribunal, for any reason, finds it necessary, in the interests of justice, to conduct the hearing in his absence.

   

   

   Art. 13. The Tribunal shall draw up rules for its procedure. These rules shall not be inconsistent with the provisions of this Charter.

   

   

   III : COMMITTEE FOR THE INVESTIGATION AND PROSECUTION OF MAJOR WAR CRIMINALS

   

   Art. 14. Each Signatory shall appoint a Chief Prosecutor for the investigation of the charges against and the prosecution of major war criminals.

   The Chief Prosecutors shall act as a committee for the following purposes:

   (a) to agree upon a plan of the individual work of each of the Chief Prosecutors and his staff,

   (b) to settle the final designation of major war criminals to be tried by the Tribunal,

   (c) to approve the Indictment and the documents to be submitted therewith,

   (d) to lodge the Indictment and the accompanying documents with the Tribunal,

   (e) to draw up and recommend to the Tribunal for its approval draft rules of procedure, contemplated by Article 13 of this Charter. The Tribunal shall have power to accept, with or without amendments, or to reject, the rules so recommended.

   The Committee shall act in all the above matters by a majority vote and shall appoint a Chairman as may be convenient and in accordance with the principle of rotation: provided that if there is an equal division of vote concerning the designation of a Defendant to be tried by the Tribunal, or the crimes with which he shall be charged, that proposal will be adopted which was made by the party which proposed that the particular Defendant be tried, or the particular charges be preferred against him.

   

   

   Art. 15. The Chief Prosecutors shall individually, and acting in collaboration with one another, also undertake

   the following duties:

   (a) investigation, collection and production before or at the Trial of all necessary evidence,

   (b) the preparation of the Indictment for approval by the Committee in accordance with paragraph (c) of Article 14 hereof,

   (c) the preliminary examination of all necessary witnesses and of the Defendants,

   (d) to act as prosecutor at the Trial,

   (e) to appoint representatives to carry out such duties as may be assigned to them,

   (f) to undertake such other matters as may appear necessary to them for the purposes of the preparation for and conduct of the Trial.

   It is understood that no witness or Defendant detained by any Signatory shall be taken out of the possession of that Signatory without its assent.

   

   

   IV : FAIR TRIAL FOR DEFENDANTS

   

   Art. 16. In order to ensure fair trial for the Defendants, the following procedure shall be followed:

   (a) The Indictment shall include full particulars specifying in detail the charges against the Defendants. A copy of the Indictment and of all the documents lodged with the Indictment, translated into a language which he understands, shall be furnished to the Defendant at a reasonable time before the Trial.

   (b) During any preliminary examination or trial of a Defendant he shall have the right to give any explanation relevant to the charges made against him.

   (c) A preliminary examination of a Defendant and his Trial shall be conducted in, or translated into, a language which the Defendant understands.

   (d) A Defendant shall have the right to conduct his own defence before the Tribunal or to have the assistance of Counsel.

   (e) A Defendant shall have the right through himself or through his Counsel to present evidence at the Trial in support of his defence, and to cross-examine any witness called by the Prosecution.

   

   

   V : POWERS OF THE TRIBUNAL AND CONDUCT OF THE TRIAL

   

   Art. 17. The Tribunal shall have the power:

   (a) to summon witnesses to the Trial and to require their attendance and testimony and to put questions to them,

   (b) to interrogate any Defendant,

   (c) to require the production of documents and other evidentiary material,

   (d) to administer oaths to witnesses,

   (e) to appoint officers for the carrying out of any task designated by the Tribunal including the power to have evidence taken on commission.

   

   

   Art. 18. The Tribunal shall:

   (a) confine the Trial strictly to an expeditious hearing of the issues raised by the charges,

   (b) take strict measures to prevent any action which will cause unreasonable delay, and rule out irrelevant issues and statements of any kind whatsoever,

   (c) deal summarily with any contumacy, imposing appropriate punishment, including exclusion of any Defendant or his Counsel from some or all further proceedings, but without prejudice to the determination of the charges.

   

   

   Art. 19. The Tribunal shall not be bound by technical rules of evidence. It shall adopt and apply to the greatest possible extent expeditious and non-technical procedure, and shall admit any evidence which it deems to have probative value.

   

   

   Art. 20. The Tribunal may require to be informed of the nature of any evidence before it is offered so that it may rule upon the relevance thereof.

   

   

   Art. 21. The Tribunal shall not require proof of facts of common knowledge but shall take judicial notice thereof. It shall also take judicial notice of official governmental documents and reports of the United Nations, including the acts and documents of the committees set up in the various Allied countries for the investigation of war crimes, and the records and findings of military or other Tribunals of any of the United Nations.

   

   

   Art. 22. The permanent seat of the Tribunal shall be in Berlin. The first meetings of the members of the Tribunal and of the Chief Prosecutors shall be held at Berlin in a place to be designated by the Control Council for Germany. The first trial shall be held at Nuremberg, and any subsequent trials shall be held at such places as the Tribunal may decide.

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