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The Study About "In Dubio Pro Reo" (No Punishment In Doubt Case)

Posted on:2005-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
In our percent academe, the study about "in dubio pro reo" which means no punishment in doubt case is disheveled. It is showed: 1, the " in dubio pro reo" will be mentioned when somebody argues the " presumption of innocence"; 2, the study only expatiates its application in one litigious stage , the way of investigation and the result of research are single. So, the significance of the paper is to introduce "in dubio pro reo" explicitly, to consummate the litigation and to regulate its operation.The paper begins with the literal interpretation of "in dubio pro reo". Firstly, the paper analyses what is the double case, clarifies its concept, character, category, and discusses its reasons. Secondly, by introducing how to do with the double case in the history, the paper draws a conclusion that "no punishment" is the necessary choice of society.After defining the meaning of "in dubio pro reo", the paper put the emphasis on the performance of "in dubio pro reo" in every litigious stage by comparison and analysis. In the investigative stage, the paper suggests to introduce "in dubio pro reo" into our criminal procedural law and to establish the standard of application based on our facts with introduce the system of the Anglo-American. In the prosecution and trial procedure, in comparison with the foreign system, the paper shows the shortages of our "in dubio pro reo" and enucleate their legal effects.Since "in dubio pro reo" dose not exit lonely, it bears some relationship with other principles in the criminal procedural law. The paper compare "in dubio pro reo" with the " presumption of innocence", " pro defendente doctrine" and "beyond reasonable doubt" in order to understand "in dubio pro reo" better.The aim of finding questions is to deal with them. The paper renders the concrete opinions of the operation of "in dubio pro reo" in China to resolve the problems that have taken place in percent judicial practice.
Keywords/Search Tags:doubt case, in dubio pro reo, low-grade punishment in doubt case
PDF Full Text Request
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