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Research On The Judicial Interpretation Of Criminal Procedures: The Reflection And Prospection

Posted on:2012-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
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Judicial interpretation of criminal procedure is the link of law and case, playing an important role in applying and perfecting law. But, since the interpretation system and interpretation techniques, some problems have appeared in law application for China's judicial explanations to law of criminal procedure, damaged its authority and affected its functions. This thesis intends to conduct in-depth analysis by cause, combining the context of transformation and connotation of the rules by law, proposed shallow views on reforms to make the system of judicial interpretation of criminal procedures more standardized.This thesis is divided into three parts, the main content is as follows:The first part will focus on the status and causes of China's judicial interpretation of criminal procedure. The article points out the problems in the current situation, and expounds their causes. From the perspective of interpretation system, the diversification of subjectivity of explanation, fragmented procuratorates and courts, and administrative interference in the judiciary are the main causes; from the perspective of interpretation techniques, it adopts abstract methods of interpretation, the content of which is beyond legislation.The second part evaluates the merits and demerits. Based on the transformation of the society ruled by law, it can effectively compensate for legal loopholes, provide legislative basis, and meet the actual needs. Based on the connotation of the society ruled by law, judging from Fuller's theory of procedural natural law, it goes against the principle of openness, clarity, consistency and so on. There are problems in the practical operation, which is contrary to the rule of law connotation.The third part puts forward reform proposal, in view of targeted reasons. For interpretation system, the subjects of judicial interpretation should be strictly statutory; it should strengthen the legislation interpretation work, and give judges and prosecutors independent power of legal interpretation. For interpretation techniques, it may use multiple methods of legal interpretation reasonably, and improve the techniques of judicial interpretation. Moreover, an open path may be proposed, such as the transformation of typical cases into judicial interpretation, the transformation of judicial interpretation into legislation, and the establishment of the legal system of combining judicial interpretation with judicial precedent.At the final part, the article prospects that judicial interpretation of criminal procedures can function better after the reform.
Keywords/Search Tags:judicial interpretation of criminal procedure, interpretation system, interpretation techniques, judicial precedent
PDF Full Text Request
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