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The Reverse Procedure In Public Prosecution

Posted on:2012-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:X CaiFull Text:PDF
GTID:2166330338459605Subject:Criminal Procedure Law
Abstract/Summary:PDF Full Text Request
In general, Criminal Procedure runs smoothly, it should be start with Investigating agency, and then be transferred to the Public prosecution; finally, it will be transferred to the Court. Such flow of the Criminal Procedure is also logical. However, whether on Criminal Procedure law or in the judicial practice, there is another special programming-Reveres Procedure. The Revers Procedure in prosecution stage either as a special form of the legal procedure or as a unique product in judicial practice, also has the special significance and function. Reveres Procedure should be the program of remedy based on Criminal Procedure law. It includes physical and procedural remedies. However, there is unreasonable types of error- avoid procedure in the Reveres Procedure; it brings obvious bad influence to the Human rights-protecting and the prosecution process.This paper consists of five parts. The first part is an overview of the Reveres Procedure of Public prosecution. This part mainly focuses on the Revers Procedure in China. The dissertation combines relevant legislation of the foreign countries, analyzing the concept, characteristics, classification and function of Reveres Procedure in prosecution in-depth. The article points out that the Reveres Procedure means the prosecution or other authority initiated the physical or procedural remedies accordance with the law and other regulation. The purpose of it is made up of the procedural errors. This unique procedure can be divided into three types:substantive remedy, procedural remedy and mistake-avoid.The second part discourses the special types of the backflow by empirical analysis methodology. According to the relevant criminal laws and regulations and research data, the Reveres Procedure in Public prosecution in China can be further divided into three types:the type of supplementary investigation, the type of transferred off the case and the type of withdrawal of prosecution. The author reveals the proportional and the nature of the three types above by full and accurate research date.The third part describes the Reveres procedure in Public Prosecution by empirical and value analysis methodology. The Reverse procedure in Prosecution in China Include following feature:the reverse procedure of substantive remedy has an unreasonable large proportion in judicial practice, the reverse procedure of procedural remedy have an unreasonable small proportion in judicial practice, they brings bad results, Etc.The fourth part researches the topics by the way of value analysis, benefits analysis and economic analysis. It reveals the causes of the Reverse Procedure in Public prosecution in China. Firstly, the concept of action emphasis on the substantial justice and pursuit of different value are the subjective reasons; Secondly, relieve stress and maintain departmental interests are the objective reasons; The third, quantitative evaluation of performance appraisal is the direct motive; Finally, differences in regional economic development is a potential incentive.The fifth part is about the protection of the legal rights of the defendants and realization of the value of Public prosecution. It mainly discuses that how to build the reasonable system of Reverse Procedure in Public prosecution in China. Firstly, discusses the legitimacy of legal basis of the reverse procedure in Prosecution; secondly, discusses the basic principles of the reverse procedure; finally, discusses how to build and improve the rules of the reverse procedure. We must further improve the procedure of supplementary investigation and cancel the system of transferred off case, then strictly regulate the scope and consequences of withdrawal of prosecution.
Keywords/Search Tags:Reverse Procedure of Substantive Remedy, Reverse Procedure of Procedural Remedy, Reverse Procedure of Mistake-avoid, Rate of Reverse Procedure
PDF Full Text Request
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