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Grasp The Value And Practice Of Legality

Posted on:2003-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The prerequisite for judicial implementation of the principle of legality is precise mastery of its value. This thesis adopts the methods of sociology,systematization,reality analysis in demonstration and raises an exclusive standpoint,a legally prescribed punishment for a specified crime,which is to avoid abusing the state power of criminal punishment as well as to guarantee human right. Based on this principle,the operation rule of criminal judicature shall be formulated and Judges shall be restricted in interpretation of criminal law and usage of discretion. The criminal law shall be interpreted with a tendency towards defendant primarily through other ways,such as systematic review and objective review,in compliance with the principle to guarantee human right. In exercise of discretion,the objective is to realize rationality by supporting rigorous presumption of innocence and other rules to guarantee human right including exclusion of evidence in reasonable doubt,and enjoining adoption of evidence acquired by illegal means. The judicial operation methods and rules shall be carried out strictly to guarantee the realization of the principle,a legally prescribed punishment for a specified crime.
Keywords/Search Tags:a legally prescribed punishment for a specified crime, Guarantee human right, Interpretation of criminal law, Discretion
PDF Full Text Request
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