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On The Division Mechanism In Criminal Pre-trial Procedure

Posted on:2011-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y X BaoFull Text:PDF
GTID:2166360332455105Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Facing the impact of crime wave, how we hold the procedural justice? How to make the case fairer and more efficient? Pretrial procedure is an efficient way to solve our criminal judicial shunt. As a kind of dispute resolution mechanism, the institutionalization of the rule of law in developed countries has been established, and has being played an important role in judicial practice of many countries. But in China, the pretrial procedure in the prosecution stage has not the discretion of the function, the shunt charges due on legislation and judicial practice, strictly limited, the factors that restrict, the only in China bearing pretrial procedure of the system shunt function no space for development. Why doesn't it shunt in China? Where is the difficulties? How to construct the pretrial procedure shunt mechanism? This paper intends to discuss criminal pre-trial procedure of shunt.The paper has four parts.The first part defines the connotation of shunt pretrial procedure and analyses its value. Firstly, the author introduces the connotation of the shunt pretrial procedure. Secondly, its value is to safeguard judicial justice, improve the efficiency of lawsuit, achieve judicial punishment individualized and humanization of criminal policy and law of criminal suspects and safeguard human rights.The second part is shunt pretrial procedure in Britain, the United States, Germany, Japan from the investigation, prosecution and restrict the supervision mechanism in detail.The third part analyses present situation of shunt pretrial procedure carefully from the system and practical aspects. Firstly, from the system, the investigation organ basic without any program, the shunt power diversion of procuratorial organs, only a single form of discretion not to prosecute and applicable scope is limited, considerations existing single standard, examination and approval procedures such complex, closed. Secondly, from the practice of levels, the criminal prosecution or not exist, or an open to pause. The current above practice and system can eventually protect people in our judicial justice and judicial authority,realize the loss of confidence and establish the judicial justice and judicial authority of constructing necessary pretrial procedure shunt mechanism.The fourth part puts forward concrete construction diversion of our pretrial procedure. Overall, we should change the policies of the criminal prosecution in China and put pre-trial procedure diversion in prosecution stage. In specific system construction, the author thinks that we should design specific deferred prosecution, reform and perfect the system of present not prosecuting.In addition, we also should perfect the pretrial procedure shunt restriction mechanism from inside and outside.
Keywords/Search Tags:the efficiency of lawsuit, diversification, pre-trial procedure diversion, discretion
PDF Full Text Request
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