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Ascertaining Chinese Retrial System In Criminal Procedure

Posted on:2007-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y J WangFull Text:PDF
GTID:2166360185954347Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Chinese criminal procedure and its related law, judicial interpretation stipulates the remanding rule extremely crude, using of retrial system is in uncertainty, also have magnified the tendency in practice. Present the retrial system and the law of criminal procedure basic principle again, the value idea existence legal principle theory of law conflict, easy to cause the circulation trial, creates the lawsuit efficiency the drop; simultaneously has neglected to the concerned litigants in particular accused person's right relief,Thoroughly realizes the criminal relief procedure goal with difficulty,Abolishing the abuse of the remanding rule in criminal relief procedural ,the key point is to lie in being standardizing and limiting the remanding rule applied, And carries on the transformation to the related legal procedure and the legal system.This article mainly with research technique and so on legal principle theory of law analysis, comparison test analysis, and dialectical analysis will launch the proof. The full text mainly includes following six parts in the structure and the content.The first part is the introduction. In this part, the author simply describes the present situation of Chinese remanding rule, and describes the violation of remanding rule to the entire criminal judicature and the social life, and draws out that we must strengthen the research necessity of remanding rule, and solves the endless question of the remanding rule in practice.The second part is about basic theories of remanding rule. In this chapter three aspects will carry on comb to the basic questions of remanding rule. First to expatiate the concept on the remanding rule, next to analyze the types of remanding rule, finally to analyze the condition to carry on the remanding rule. Thus we could obtain a macroscopic understanding of our country's remanding rule.The third part is about the comparison test inspection the rule. The author will elaborate the rule in the world about the each place legislation and the practice condition. By analyzing and comparing the way, the method and the trial practice which two legal systems treatments the rule, we will obtain the inspiration to consummate the rule in China to set up the system, the experience and the technical reference.The forth part is the fundamental research about the rule. We will analyze the rule with the criminal prosecution elementary theory. Key from the four basic principle aspects to inspect: the remanding rule with the criminal judicature value relations; the rule with the principle double jeopardy principle; the rule with the principle of no appeal resulting in additional punishment; the rule with the principle of presumption of innocence.The fifth part is to analyze the present situation of the rule in China. Author will analyze the present situation, the malpractice, the defeated reason with the judicial practice of the rule, thus to indicate the direction on consummating the rule.The sixth part is the idea of regulating and consummating Chinese remanding rule. Author will elaborate how to perfect and standard the rule in the overall mentality, concrete way, as well as correlation several concrete questions in detail.The last part is the conclusion.
Keywords/Search Tags:Criminal procedural retrial, Judicial relief, Procedure justice, Human rights safeguard
PDF Full Text Request
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