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A Study On The Criminal Misjudged Cases From The Perspective Of Procedural Law

Posted on:2014-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:J T HaoFull Text:PDF
GTID:2176330434470370Subject:Law
Abstract/Summary:PDF Full Text Request
China’s traditional legal order established in the basis of patriarchal ethics and absolute imperial power, it does not recognize the value of individual rights and freedoms, and also lack the awareness of control the exercise of public power through legal norms. After the founding of New China, more and more people began to pay attention to the building of democracy and the rule of law under the background of political long-term stable and rapid economic development, and achieved fruitful results. As to procedural rule of law, the promulgation of Criminal Procedure law and a series of related laws and regulations have established the basic institutional framework for the realization of procedural justice. However, there are still many problems in the dissemination of ideas and practice of procedural justice. From the reports of judicial practice and mass media, it seems these provisions did not receive the desired effect in practice. In short, China’s judicial practice of "emphasis on entity, despise procedure aspect" have not been fundamentally changed.In recent years, the recurring criminal injustice is like a mirror, reflecting a country’s criminal justice status in a specific period of time. If we cannot face the problems reflected in the mirror, and just stay in shock, fear, or anger brought by injustice, this malignant tumor of the criminal injustice will be grow in people’s paralysis of the nerve bigger and bigger, eventually one can only hopes to pray to the gods do not allow ourselves involved in criminal proceedings in order to stay away from injustice. Therefore, in the face of injustice, the attitude we have should be face injustice, reflect on the injustice, and then build a program of prevention of injustice system. A piece of shocking criminal injustice prompted everyone constantly thinking: how does the criminal injustice formed? What conditions does the national, social and institutional offered for the criminal injustice? No doubt, this is a starting point for people to confront and reflect on the criminal injustice.The purpose of this study is to start from the hazards of criminal injustice, find the reasons of recurring criminal injustice, then put forward highly appropriate strategies to reconstruct the prevention of injustice system on this basis. This paper is divided into four parts in addition to the introduction and conclusion.The first part is to define the concept of criminal injustice and reveal the dangers of criminal injustice. The second part is to describe the causes of criminal injustice, this chapter analyzed the causes of criminal injustice in detail from the detection system, the review of the prosecution system, the judicial system and litigation influencing factors.The third part is to put forward a number of specific reform and improvement suggestions in the perspective of procedural law.The fourth part is to analyze our current injustice and the corrective mechanism, thus make some bold vision on how to broaden the injustice discovery channel and reform trial supervision procedures.
Keywords/Search Tags:criminal injustice, cause, strategy, construction of the System
PDF Full Text Request
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