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On The Minor Deferred Prosecution System

Posted on:2011-10-11Degree:MasterType:Thesis
Country:ChinaCandidate:X J ChenFull Text:PDF
GTID:2166330338991351Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The system of Postponing Indictment, which follows the trend of international criminal legislation, is the embodiment of the doctrine of inexpensive lawsuit, is widely used in many counties. Many researches and practices with this system had been done in china, but no clear definition is given in law.From the deferred prosecution overview in this paper, the basic concept of the deferred prosecution and historical development had been introduced, the crimes by minors characteristics, crime, the penalty for such reasons, basis our country for minors education and influence and save policy had been discussed,and concluded that establish minors of the deferred prosecution conclusion.Secondly, the fundamental value of the deferred prosecution is analysed which based on personal risk theory, the criminal law tolerance spirit, prosecution cheap socialist, litigation economy in this paper. The four basic theory is the rationality of the existence of the deferred prosecution, also be established according to the theory of the deferred prosecution support.Thirdly, the continental law system such as Germany, Japan and the countries of Anglo-American law system of the United States in deferred prosecution legislation and practice are described. And the continental law system and common law of diversity and convergence are summarized.The fourth, from the current system of prosecution minors, the defects of the lack of judicial resources, for fully guarantee the minor offenders of human rights, the international criminal policy trend to demonstrate that our country should establish the necessity of the minors deferred prosecution. And discussed that establishment minors formulated the feasibility of the deferred prosecution from the current criminal legislation, the current criminal policy, base grassroots procuratorial organs practice, foreign fiction perfect legislation and practice perspectives. Last, minor personal danger evaluation mechanism is proposed. The minor social investigation report system is established, to predict the minors again possibilities. Again through the establishment of decision process, notification procedures, hearing procedure, establish education organization, supervision procedure, in order to contribute China minor deferred prosecution's use and reform.
Keywords/Search Tags:Minor, Deferred prosecution, Discretion, Necessity, Feasibility
PDF Full Text Request
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