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Analysis On Deferred Prosecution Related To Undergraduate Theft

Posted on:2011-06-09Degree:MasterType:Thesis
Country:ChinaCandidate:Q L ShenFull Text:PDF
GTID:2166360305965548Subject:Law
Abstract/Summary:PDF Full Text Request
China pursues the prosecution of legal doctrine; China's Criminal Procedure Law has been no suspension of any provision of prosecution. In this litigation, the prosecution accepted for him in any case, after examination, we can only make a charge or not to prosecute these two decisions, no third choice. However, with the number of cases increased year by year, in particular, was a minor crime, and criminal cases and the number of students increased, the only two approaches to the prosecution's case is especially the powerless. Therefore, the establishment of a suitable system of China's national conditions stays the prosecution of great practical significance.This will be hosted in Nanj ing's Procuratorate of a theft along with college students as a starting point, through the controversy involved in this case point analysis, leads to the suspension of prosecution for China to establish the rationality of the system described, and ultimately brought about through the case Inspiration summed up in our prosecution system to build the necessary suspension of the various conditions.Suspension of prosecution system more efficient allocation of judicial resources, give full play to the role of the existing legal mechanisms, more prominence to the people-centered concept of the rule of law. However, Nanjing Pukou District Prosecutor's Office for Amy to take on a "stay the prosecution" is contrary to the principle of equality before the law and China's Legislation Law, and its rationality, where, what should we build suitable for China's national conditions with Chinese characteristics suspension of prosecution system? This paper will be based on the combination of cases, focusing on analysis of the use of suspension of prosecution in our rationality and to suspend prosecution of the construction in our country, and on this basis,Stay the prosecution system in China to build a simple overview of the necessity.This paper is divided into three chapters, to adopt a case study approach, supplemented by a comparative analysis of law and the law of a comprehensive literature review discusses methods of analysis of case-related issues that exist on the suspension of prosecution system to study, using methods of theory with practice writing.Is a case review. Introduced the two cases, one of China's first university students to suspend prosecution of the case, and second, to suspend prosecution of the case in the "community service orders."The second chapter is a case about suspension of prosecution of rational analysis. Analysis of the case among the law-related issues.The third chapter is the suspension of prosecution system in China to build thinking and recommendations. Right to suspend prosecution of the concrete application of the system put forward their own point of view.
Keywords/Search Tags:deferred prosecution, rationality analysis mechanism
PDF Full Text Request
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