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A Study On The Court 's Change Of Prosecution

Posted on:2016-12-29Degree:MasterType:Thesis
Country:ChinaCandidate:C H YueFull Text:PDF
GTID:2206330482464655Subject:Law
Abstract/Summary:PDF Full Text Request
In the criminal procedure, the change of the procuratorial organs to prosecute the crime is more common, and the criminal procedure law has not been clearly defined. Court of justice and the court of justice, and more embodies the court’s power of the prosecution’s status, but also the court’s Court of justice, justice, justice, justice, justice, justice, and the court’s judicial power. The court considers that the court’s change of the court’s judicial power has been fully exercised. The court has the power of judicial power. Principle, so now the academic circles on the charges of prosecution are mainly "positive" and "negative" two doctrines. The reasons for the change of the charges of the court change mainly include the current law on the pursuit of substantive justice and the judicial interpretation of the factors that are inconsistent with the provisions of the judicial interpretation. From the perspective of comparative law, British and American countries generally implement strict procedure. In criminal procedure, it is not allowed to change the prosecution charges. Only when the sentence is lighter or the inclusion of relations is allowed. The legal nature of procuratorial organs in criminal procedure is slight. In the modern criminal procedure, the court should have the power to change the prosecution charges, but should improve the court to change the prosecution charges system, determine the scope and procedures of the court change, to ensure that the trial separation, the defendant to fully exercise the right to defend, not to ignore and other principles to better implement the protection of procedural justice, safeguard the legitimate rights and interests of the defendant.
Keywords/Search Tags:The court, Change the charges, Procedural justice
PDF Full Text Request
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