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On The Functions Of The Criminal Procedure

Posted on:2005-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:Q RanFull Text:PDF
GTID:2156360125969410Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The term function is used differently in various disciplines.Basing on the Chinese wording habit and the definition adopted bybiology and architecture, the author defines the function of thecriminal process as the possible positive effects of the establishmentof criminal process system and the carrying out of criminalproceeding activities. According to different objects of the criminal process, thefunction of the criminal process can be classified as functions toindividuals, functions to cases and functions to the state. Specifically,functions to individuals includes four aspects: (1) For suspects and defendants, ensuring their rights, punishing,instructing, reforming and preventing them from committing crimesagain. (2) For victims, protecting, remedying and pacifying them. (3) For potential criminals, deterring and instructing them. (4) For common law observant, instructing them. Functions to cases comprise "sound-proofing", fact-discovering,rule-discovering, dispute-settling and resentment-abating. Functionsto the state consist of iimplementing penalty, restricting state powerand providing justification. However, it must be pointed out that as over-expectation is likelyto result in disappointment, we must fully realize the limits of thecriminal process function. Moreover, where there is light, there isshade. Therefore, the criminal process also has side effects. Though, just as Professor Chen Ruihua pointed out that Chineseway of punishing the crimes was not the typical way of criminalprocess, we can still analysis its features and measures of improving 2from the angle of criminal process function.
Keywords/Search Tags:criminal process, criminal procedure, function, structure
PDF Full Text Request
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