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Express Handle Minor Criminal Cases Research On The Mechanism

Posted on:2010-07-22Degree:MasterType:Thesis
Country:ChinaCandidate:A J ZhangFull Text:PDF
GTID:2166360275960556Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Express handle minor criminal cases mechanism refers to public security and judicial organs are easy for the case, the facts are clear and sufficient evidence, the suspect, the defendant pleaded guilty to minor criminal cases, in complying with statutory procedures and deadlines to ensure that the quality of handling cases under the premise of simplifying the job flow and shorten the duration of the working mechanism of handling cases. The efficiency of the proceedings and Conserve judicial resources litigation activity has become one of the objectives. It can be said of minor criminal cases have been abroad for Express has its reasonably comprehensive framework of a mechanism , Such as plea bargaining, Victim-offender-reconciliation, the system of criminal trials in absentia. However, in the field of criminal justice in our country, Express handle minor criminal cases, it did not have a complete system of legal regulation. At the efficiency of the proceedings, saving judicial resources become an inevitable trend, under the premise, The article based on Western concepts of justice and the bottom line of China's harmonious society, with lenient stringent relief phase criminal policies. Suitable to explore the condition of our country to proceed speedily with minor criminal cases mechanism. This article consists of four parts, The full text of a total of more than 40,000 words.The first part is the value of minor criminal cases analysis. The section is designed to handle minor criminal cases Express build the mechanism to find the value of adequate support, The author from the criminal proceedings in general is the most important value -start with full procedural justice on minor criminal cases handled in the Express on the value of procedural justice. Besides, As the focus of this section, the article from the perspective of sociology of law on minor criminal cases handled at Express, Carrying out the lenient stringent relief phase criminal policies, building a harmonious society and realize the social effects of handling cases and the legal effect of unity, as well as on the value of crime prevention. It is also building a criminal case to proceed speedily with minor initial motivation mechanism.The second part of minor criminal cases abroad for Express Review Mechanism. This section aims to our country to proceed speedily with minor criminal cases to provide procedures and mechanisms to build up the basic design of the system. In this article discusses the handling of minor criminal cases outside of the specific systems and procedures in several proceedings, pointing out that countries in these proceedings on systems and procedures, as well as the advantages and disadvantages of the common features, Pointing outthat the police administration in our country does not fit foreign proceedings of the police.Partâ…¢is the Status and Analysis in our country to proceed speedily with minor criminalcases. The article from abroad Vision for minor criminal cases and procedures to our country for a small practice in criminal cases the situation of our country is designed to handle minor criminal cases Mechanism Express to find a basis consistent with the actual situation. The Article cited a number of minor criminal cases handled Express approach in practice and stressed that no legal regulation because of the support, the Express for the practice of minor criminal cases rising frustration.Partâ…£is divided into our country to proceed speedily with minor criminal cases to build and perfect the mechanism. this Part is the end result and focus of the article. The Article based on the condition of our country. From abroad at Express handle minor criminal cases and procedures related to the system, Minor criminal cases of our country for Express Mechanism in principle, rules, program design, as well as the protection of the rights based on a number of specific comments and suggestions. First, minor criminal cases for the Express on the main terms and conditions, Apart from the article that the "views" outside the main application of the eight, was taken at the investigation stage of restriction of personal freedom release on bail but did not complete the criminal suspects can be applied quickly for minor criminal cases. At the same time, the article is usually discarded as a misdemeanor and a felony three years into practice, should consider expanding the "views" of the scope of minor criminal cases, to handle minor criminal cases quickly extended to the following may be sentenced to five years in prison, control, detention, or a single fine of subjective vicious little less harm to society of criminal cases. Secondly, the article from the criminal law division of the ten categories of crimes, strictly defined cases of minor criminal case to proceed speedily with the applicable type. From abroad in the absence of the trial system, the article pointed out that minor criminal cases to speed up our country for trial in absentia Express system can be modeled against the side of the debate, and as a mechanism set up to combat. Our country in building a small system of plea bargaining in criminal cases, the article pointed out that the transaction should include the main three parties; namely the Prosecutor; the accused and the victim. Also a small article on China's rapid processing of criminal cases by drawing on some of the procedures applicable to the system of Evidence has made bold idea. Finally; at the suspect; the defendant the right to assist counsel; the article pointed out that minor criminal cases should be designated to defend the application of the time trial stage from the early stages of the investigation.
Keywords/Search Tags:minor criminal cases handled Express, Efficiency, justice, Construction of system
PDF Full Text Request
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