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The Cognitive Balance And The Rational Restriction Of Modern Right Of Public Prosecution

Posted on:2007-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:L BaiFull Text:PDF
GTID:2166360185478846Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The reform tendency of modern right of public prosecution is endowing prosecutors with more right of free evaluation, then it requests more for restriction of the right of public prosecution. Because of the expansion of the right of public prosecution, and no change in the status of prosecutors, so the right of free evaluation has the possibility to expand as the exclusive right for prosecutors, then expansion of the right of free evaluation and strict control of the right of public prosecution become the conflicting problem in the reform. Particularly, in the legal system of our country, the balance system reform which centers in jurisdiction has not been accomplished, means that the cognitive balance of prosecutors while they use the right of positive prosecution has not reach the rational standard, here the contradiction becomes much more extrusive, so there are some social risks if we go with the current of the world and expand the right of public prosecution. Throw comparative analysis and case analysis, the article reach the conclusion that our reform should be based on such foundation: lower the judicial status of the right of public prosecution, put it under the control of jurisdiction, and establish the combination control of the right of free evaluation before trial, then we can intensify the equality of the prosecution and the defense by the regulating effect of jurisdiction.
Keywords/Search Tags:cognitive balance, corroboration prejudice, equality of the prosecution and the defense, the restriction of the right of public prosecution, positive prosecution, the doctrine of free evaluation prosecution
PDF Full Text Request
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