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Study On The Benefit Principle To The Prosecuted

Posted on:2011-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2166360305993374Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In dubio prepreo is the simple idea of justice about the Prosecuted in the period of Ancient Rome, and the protection of the Prosecuted's rights is also the basal character and virtue of modern criminal procedure.The benefit principle to the includes respect to the defendant, and Subjects to a certain degree of social, material and cultural conditions. The principle value of the benefit principle to the Prosecuted reflects in the area of Law,Moral and Political etc, and is instructiveon our judicial reform.It can be concluded that the ideology of the protection of human rights has been guiding the development of criminal history, and state power is controlled little by little and rights protection is intensified gradually in the development. That the Prosecuted has been treated with leniency more and more is the one of laws of social change.The benefit principle to the Prosecuted has deep basis on philosophy of law. The expanding power is need to be restricted and the criminal discretion is need to be directed; the strong protection of rights and interests of the Prosecuted and humanity's custom and contradiction is nature guarantee of the benefit principle to the Prosecuted's consciousness; the finiteness of people's cognition and judicial rationality is the epistemology premise that the benefit principle to the Prosecuted gain legitimacy space.If the benefit principle to the Prosecuted was carried out in our country, the principle of presumption of innocence,the principle of just trial and the principle of the Prohibition of double jeopardy should be constituted, the System not to prosecute should be perfected and the Criminal Reconciliation System should be established then, in order to make the new progress in human rights protection obtained incessantly.
Keywords/Search Tags:Tolerance in justice, power continence, benefit the Prosecuted, presumption of innocence
PDF Full Text Request
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