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Value Theory On Criminal Procedure

Posted on:2007-12-16Degree:DoctorType:Dissertation
Country:ChinaCandidate:X B LiuFull Text:PDF
GTID:1116360182491373Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The value of criminal procedure is the basic problem in the field of process science. In this thesis, the author will treat this subject tentatively.This thesis consists of seven parts, involving the essential factor of the criminal procedure, together with the value structure, the value aim, the value election, the value appraise and the value reconstruction. The former four parts deal with fundamental theory. And the later three parts deal with the positive analysis.The following is the main content of this thesis:The first section deals with several basic concepts. In this part, the author firstly defined the notion of Value. From this on, the notion of process value was further defined, which shows as those features of the process to satisfy the subjects' wants. Then, on this base, the author made a clear definition between process value and other concepts.The second section deals with the essential factors of process value. In this part, the author clarified the subject, the object and the relation between them. Among these three factors, the subject equals to man and some other organizations. The object equals to criminal process and its secondary links. And the value relation expresses the dependent and creative relation.The third section deals with the value structure of criminal process. In this part, the author insisted that the value of criminal procedure consist of three layers, which show as the aim value, the instrument value and the social value. Among them, the aim value is the inner value of criminal procedure, which lies in the nature characteristics of criminal procedure. The instrument value is the function to serve as an instrument to achieve some real purposes. The social value is the common values of the whole laws.The forth section deals with the value aim of criminal procedure. In this part, the author hold that there were three layers of the process value aim, and expounded the different value aims of the criminal procedure. That is, the basic value aim, which equals to the truth, the essential value aim, which equals to the justice, and the realistic value aim, which equals to the efficiency.The fifth section deals with the value election. In this part, the author made a comparative between the different value and value aim, and supplied respective standard of value election.The sixth section deals with the value appraise. In this part, the author made a deeply appraise on several main process, such as the pre-court process, the trial process, the simplified process and the relieve process.The seventh section deals with the value reconstruction of criminal process. In this part, the author analyzed the probabilities and the necessities of the value reconstruction of criminal procedure, and supplied a reasonable mode of such a reconstruction.In a word, the whole thesis is arranged according the thought logic of raising problem, analyzing problem and solving problem.
Keywords/Search Tags:VALUE, CRIMINAL PROCEDURE, VALUE AIM
PDF Full Text Request
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