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Argumentation On Aggravating Punishment On Defendants From Appeals

Posted on:2012-08-02Degree:MasterType:Thesis
Country:ChinaCandidate:D S ChenFull Text:PDF
GTID:2166330335488296Subject:Law
Abstract/Summary:PDF Full Text Request
The article 191 of the Criminal Procedure Law provides that:"the second instance people's courts hold trials about appeal cases which is sued for by the accused person or his agent or his immediate relatives, appealing to a higher court will not increase the punishment ."The procurator or private prosecutor appeal on the civil administrative cases is not subjected to the restrictions in the preceding paragraph."This is the law about appealing to a higher court will not increase the punishment in our country. The rule is very important and significant as for a privilege with increasing improvement about the rule of law in our society. But the practicality is not so good and is not plenty comprehensions and other deficiencies. The author will introduce the meanings and problems about the rule so as to serves the judicial practice well.This article main divides into three portions, the main content includes: The first part is the basic theory of no additional punishment resulting from retrial procedure. The rule includes a variety of theories, and then explains why it's important that the value of exist. The second part mainly analysis of legislation and practice, takes induction and generalization, it shows with incomplete content and lack of theoretical understanding. Therefore, it needs laws to solve these problems.The last part of the article will tells people how to control and avoid the problems about no additional punishment resulting from retrial procedure and meet the needs of our criminal proceedings.
Keywords/Search Tags:Criminal Procedure, The right of appeal, The right to defense, The procedure for trial supervision
PDF Full Text Request
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