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On Timeliness Of The Principle Of The Criminal Proceedings

Posted on:2011-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:R R XiaoFull Text:PDF
GTID:2166360308953798Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In the modern criminal activities,the efficiency of judicial activities is not only important value sought goal,but also has become the measure of a country's criminal justice activities which is whether or not a sound. In modern judicial practice,to further improve the efficiency, justice organizations can be a good time to implement the principle of criminal activity. The timeliness of the principle of the proceedings require that the judiciary must be in strict accordance with the period prescribed by law to perform their bounden duty to avoid unnecessary and unreasonable delay. Thus, by providing for the necessary duration of litigation activities to limit the judiciary right of citizens of the unlawful deprivation of personal rights, in order to protect the legitimate rights and interests of citizens.From a global perspective,the timeliness of the principle of criminal proceedings are now generally recognized by States, and some even directly to the culture of their articles, or even rise to a constitutional level. In China, the principle of action in time has not been clearly established as the basic principles of China's Criminal Procedure Law, but the principle in our country has gone through all stages of criminal activity. However, in the current legislative and judicial practice, the principle of the proceedings did not receive a respect from the police and justice organs and even distorted its meanings. This not only greatly reduces the efficiency of criminal activity, resulting in a waste of judicial resources,but also great does harm to the criminal suspect or defendant's legitimate rights and interests. From this we can see that the principle of timely has great significance. It not only can identify the facts in a timely manner,so that the case be concluded as soon as possible,thus greatly enhance the security organs of the working efficiency,but also fundamentally protect the legitimate rights of the accused to make it personal freedom and legal rights and interests related to effectively protection and maintaination.Given the timeliness of the principles of criminal proceedings in international criminal legislation of the important status and the practice in China's current situation, on the basis of the research about the scientific meaning of the principle of action in time, origin and development ,functions and the concept of basis, the principle of combining domestic and foreign criminal proceedings in a timely reflection, and through the timely action principle in the legislative and judicial practice of China's current status analysis, the topic is recommending timely actions to implement the need of the principle in our country ,in order to trigger the re-thinking and timely action of the theoretical circles and judicial practitioners .
Keywords/Search Tags:criminal proceedings, timeliness principle, limitation period, justice, efficiency
PDF Full Text Request
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