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On The Triage System Of The Criminal Procedure

Posted on:2011-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y WeiFull Text:PDF
GTID:2166330332964127Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Procedures distributary can be distinguish from two angles about generalized and narrow sense. The Procedures distributary of narrow sense is also called the criminal programming, this system means the specifically criminal compose cases, when cases execute at the investigate or lawsuit stage, the court stop the suit process and use the no-criminal penalty. put cases to trial. Generalized distributary contains two meaning: the first, the specifically criminal compose cases to be treat at the investigate or lawsuit stage, match condition cases are not to be trial. The second, the court take simple procedures instead of common procedures to hear cases. Criminal procedures distributary is popular at 21 century, which comply with punishment of changed purpose notion. the necessity demand to increase the lawsuit efficiency, the objective needs to realize justice fair.At present, our country's legislation and statute about criminal Procedures distributary are seldom. which to stipulate simple. Criminal Law have stipulated three situation: the first situation is impeach cases not to sue at the supplementary investigate stage, the second situation is about procuratorate not to sue at the lawsuit stage, the third situation is the criminal simple procedures at the trial stage. In the process of justice practice, some cases expose Procedures distributary to single, the operability of simple procedure isn't powerful. To aim at our country's current legislation and justice situation, the article's author plan to make the Procedures distributary perfect from four sides: the first, establish the system of reasonable misdemeanor disposal at the investigate stage; the second, draw the respite sue system into the lawsuit stage, and expand the sphere of application of present no-suit system; the third, add the peccavi procedures at the trial stage, make the present simple procedures perfect. the fourth, perfect the relieve way of Procedures distributary at the investigate stage, to strengthen supervise and restrict about the prosecution and distributary at the trial stage.
Keywords/Search Tags:Litigation Efficiency, Procedure Diversion, Procedural Justice, Power Restrict
PDF Full Text Request
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