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Building Of The Non-prosecution Of Negotiated Mode

Posted on:2010-10-28Degree:MasterType:Thesis
Country:ChinaCandidate:Q ShenFull Text:PDF
GTID:2166360278967558Subject:Law
Abstract/Summary:PDF Full Text Request
The non-prosecution of negotiated is the People's Procuratorate of the public security organs to detect the end of the transfer of staff to prosecute cases and to detect the end of their review of cases of minor crime, not the subjective vicious criminal cases, the criminal case the parties negotiated settlement, through the case hearings do not need to remove the penalty or sentence, not be prosecuted for criminal responsibility according to law so as not to pay the suspect v. People's Court trial of a decision not to prosecute. Consensus decision not to prosecute the effectiveness of no conviction, only the effect of termination of the proceedings, which is in fact conditional, restricted the use of a the non-prosecution of negotiated, The insisting breadth is mutually strict the pertaining to crime policy of benefit, With legitimacy, can effectively resolve contradictions and disputes and promote social harmony, resulting in criminal acts was the destruction of social relations and social order can be restored, and to reduce the social confrontation, and to minimize social disharmony factors, in order to conserve judicial resources and improve judicial efficiency. The author of the current state of our judicial analysis of the basis of reality, combined with the practice of their own prosecutions, from building a the non-prosecution of negotiated a general rule, applicable procedures, the practice of specific cases, the effect of the analysis of practice based on the model created to build the non-prosecution of negotiated handling of such cases of necessity, legitimacy, justice and efficiency to equity(?)consultation for justice in the practice of self-generated, with a view to making arrangements for criminal system - both procedural justice and economy, fully affirmed the procedures efficiency, the pursuitof more pragmatic.
Keywords/Search Tags:the Non-prosecution of negotiated, building, Negotiated justice
PDF Full Text Request
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