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Criminal Appeal Study

Posted on:2005-03-14Degree:MasterType:Thesis
Country:ChinaCandidate:C YangFull Text:PDF
GTID:2206360125961641Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Right of private procecution has a long history as a right of filing a crime procedure. With the development of recognizing the nature of crime, the state advanced the system of pulic procecution. Although there are many defferences , public procecution and private procecution have the common goals of protecting citizenship and cracking down on crime activities. Right of private procecution has its distinctive values. Right of public procecution can't replace right of private procecution.The right of private procecution is a fundamantal human right. Keeping the system of private procecution shows the legislator's respecting this right. But there are few studies on it. Studying on this right is important for us to perfect the system of private procecution.The present criminal procedure law broadens the scope of accepting cases, which is helpful for protect citizen's lawful right and interests but in the meantime, makes some conflicts between the right of private procecution and public procecution in judicial practice. A principle to co-ordinate these conflictsis is that to exercise the right of private or public procecution can't impair the common goals of protecting citizenship and cracking down on crime activities.To protect the citizen's right of private procecution, a perfect system of private procecution is needed. There are many deffects in the existing system of private procecution, which should be amended.
Keywords/Search Tags:private procecution, public procecution, right of private procecution, right of public procecution
PDF Full Text Request
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