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The Dotey And The Foundling

Posted on:2004-08-11Degree:MasterType:Thesis
Country:ChinaCandidate:T H ZhuFull Text:PDF
GTID:2156360122966203Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Firstly, I will inspect the China crime procedure with the theory of conflict .if the object conflicted, that means they are equal. So if we look through the crime procedure with the theory of conflict, that means we must looks every object in this procedure as the equal ones. Including the prosecutor, the suspect, the accused ,the offender, and the victim. In other words, they are all equal ones. Though the power of government has the stronger power.Second, in my opinion, in the crime procedure, there are three main conflicts, that means the procedure must settle three conflicts. The first conflict is between the prosecutor and the accused; the second conflict is between the victim and the accuse ,even the suspect; the third conflict is between the suspect and the police. The first conflict is the key.But in order to settle these conflicts, the most important is protecting the victim, including the suspect, because the suspect is the victims too,if the police injure the suspect in the procedure of pretrial .At this time , the suspect is the victim hurt by the evil police.Rut our crime procedure did not protect the victim enough . She likes the accused too much .It is unfair . Today, the accused and the suspect ,even the offender is the dotey of the crime procedure .but the victim hurt by the offender and the accused(mostly the accused maybe the offender)is the foundling of the today's crimeprocedure. If we give up the punishing to the accused and the offender, our crime procedure is the failure . the victim's right is entrench by the justice again. The crime justice misdeed too.So ,we must reform our crime procedure. And working hard to protect the right of victim. Improving the protecting to the suspect is our main worker too.
Keywords/Search Tags:Conflict, the Right of Victim, The suspect, the Balance and the Emphasize
PDF Full Text Request
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