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Relative System In The View Of The Criminal Policy Of Combining Punishment With Leniency

Posted on:2011-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y N FanFull Text:PDF
GTID:2166360305968978Subject:Procedural Law
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Relative non-prosecution system is an important component of criminal litigation system. In line with the trend of today's society to the criminal litigation of doctrine of prosecuting discretion, Be widely used in countries around the world's criminal justice practice. It embodies the spirit of lawsuit benefit and the criminal policy of combining punishment with leniency, favorable to protect human rights. Although CRIMINAL PROCEDURE LAW in china established the relative non-prosecution system, but as the law of the relevant non-prosecution system was too broad and the corresponding supporting system was imperfect, lead to existed deviation in judicial practice. The value of relative non-prosecution system has not been fully demonstrated. Therefore, it is necessary to deeply research the question of relative non-prosecution system, so as to perfect legislation and judicial practice's deficiency. How to make the relative non-prosecution system better application in procuratorial organ's judicial practice is the hot issues at academic circles. But most scholars' study are stickle at only one point of the question, too unilateral. This study focuses on a whole research at relative non-prosecution system, combines with the general requirement of the criminal policy of combining punishment with leniency. Reference other country's achievements, on this basis, proposed improvement suggestions and opinions. Through a combination of macro and micro research methods, wholely grasp the relative non-prosecution system, To achieved the value target of relative non-prosecution system, better reflected the outstanding role of relative non-prosecution system at the criminal policy of combining punishment with leniency.In this paper, the study of relative non-prosecution system focused on:First, at the basic theoretical researching to relative non-prosecution system, focused on making a detailed study to the application conditions of relative non-prosecution, provisions a specific orientation of such vague concepts as the law committed a minor crime. At the same time, innovation in the theoretical basis for relative non-prosecution system is integrated into the criminal policy of combining punishment with leniency. Second, summed up the related legislative provisions and judicial practices about relative non-prosecution system in developed countries, to improve the relative non-prosecution system provides the basis for learning and reference. Again, mainly in a comprehensive and profound analysis of the relative non-prosecution system in China's relevant laws and prosecutorial agencies and judicial practice problems. Finally, put forward to improving measures about relative non-prosecution system. Papered improve the relevant provisions of law which in cleard the identification Standard of "committed a minor crime", expanded the relative non-prosecution system's application scope, increased non-prosecution of additional conditions' contents and improved the development of private prosecution victim. Make the appropriate comments and suggestions for the improvement of the prosecution's own qualities mainly from change and adjustment the prosecution of law enforcement concepts and expand the exercised administrative discretion of relative non-prosecution at these two aspects. The sound is relative non-prosecution cases, supervision and control mechanism is mainly focused on the strengthening of internal supervision and restraint mechanisms and external supervisory mechanisms of these two aspects. It also proposed to improve the social system as the corresponding content which are improve the social system and the establishment people's supervisor system.
Keywords/Search Tags:the criminal policy of combining punishment with leniency, procuratorial organ, relative non-prosecution, discretion
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