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Study Of Nolle Prosequi System Of Our Country

Posted on:2011-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y D XiaFull Text:PDF
GTID:2166330332492515Subject:Law
Abstract/Summary:PDF Full Text Request
Nolle Prosequi System refers to the criminal prosecution, the Procuratorial organ to investigates the end to transfer the prosecution the case, after undergoing the examination, thought that the suspect has legal not investigate legal responsibility situation, either the crime plot slight may not give the investigation legal responsibility, either the evidence insufficiency does not meet the prosecution condition, but the lawsuit system to make legally not submitting the case to the court trial. The contradiction between limited judicial resources and the increasing number of criminal prosecution is the existing objective reason, modern criminal idea transformation is the subjective reason of nolle prosequi system. In 1997, after the modification of criminal procedural law, not to prosecute system further clear and perfect, but along with the development of society, the current problems existing in the system of non-prosecution gradually revealed, applicable rate is low, earmarking, the phenomenon is unfair, particularly prominent in the supervision and restriction of the poor, the serious influence indict system, the effect of judicial corruption, damage the judicial authority.Thus, the author has studied foreign legislation and judicial action of the judicial pract ice in China, many of the issues at home and abroad, rational thinking and taken his research results, perfecting the system of non-prosecution forward some ideas, and analyzed and demonstrated.Not to prosecute refers to the system in criminal lawsuit, procuratorial investigation to prosecution cases, after that the criminal suspect after examination shall be investigated for criminal responsibility is not legal, or minor crime, shall be investigated for criminal responsibility can be insufficient evidence or not to accord with those who Sue a condition, and shall make a court case submitted will not be the litigation system.There are four chapters. The first chapter basically is discussing the supporting theory of the existence of the lawsuit system development. Put forward human rights protection, Sue cheap forward, careful separation, lawsuit theory, research and discuss based on the four theories, excavate the subjective and objective reasons for the development of the nolle prosequi system, also clear the nolle prosequi system should have four aspects of great value.The second chapter basically is inspecting foreign not prosecution. In Anglo-American law and civil law, on behalf of the state for inspects an object of action system of foreign legislation and judicial supervision and restriction, status and related aspects of action figures, perfect our country not to Sue for below provides reference for system conception.The third chapter basically is to survey not to prosecute legislation and judicial at present. Through legislation and judicial practice, the problems that the root of the problem of the rational analysis and summary, for improving ideas and the direction clearly below.The fourth chapter basically is to perfect our country not to prosecute system from four aspects, and the specific idea, is the key. Perfecting the supervision and restriction, the author put forward the idea of The National People's Congress standing committee restriction mechanism at the same level, combining theory and practice proves its feasibility, after analysis the said in the field. Perfecting the remedy mechanism, the great defense system should remedy mechanism, and puts forward the value orientation of the victim after court maintained public prosecution, when not refuses to not to prosecute prosecutor procuratorial organs should prosecution, the public security organ if decide objection when supplementary investigation period may apply for the three and the rationality of the three ideas discussed. Perfect the criminal suspect not minors on prosecution, investigation and prosecution foreign defer to minor crime judicature status after consideration, the paper puts forward a deferred prosecution and will review before in the procuratorial organs when arrested, Improvement action figures, introducing major limitation of public prosecution, to determine the time, make the dubious non-prosecution in certain period get clear legal conclusion.
Keywords/Search Tags:Nolle Prosequi System, Supervision and restriction, the relief mechanism, postpones the prosecution, sue deadline
PDF Full Text Request
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