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On China's Criminal Prosecution System

Posted on:2006-10-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y X GuoFull Text:PDF
GTID:2206360182476782Subject:Law
Abstract/Summary:PDF Full Text Request
It is one of the basic systems that the current criminal procedure law of our country establishes not to prosecute the system criminally, this system is used very extensivly in countries all over the world, because the tradition governed by law is different from historical origin , have not used extensivly abroad far in our country. This text is in terms of theory and practice, have studied the criminal historical evolution not prosecuting the system , value and theory according to, analysis recommend have more criminal our countries last system , foreign countries and Hong Kong and Taiwan not too criminal to last overview of system;Combine the working practice , has put forward this question existing in the legal provisions and judicial practice of system, have offered the suggestion of perfecting to the existing problem, in is it enforce the law idea reform and innovate , is it prosecute procedure of holding court , prosecute decision make rehabilitation after respect put forward one's own unique view to set up to change.Chapter one : Our country is too criminal to prosecute the historical evolution of the system . Do not prosecute the thought in ancient times after summing up our country, have summed up the criminal development not prosecuting the system at mordern times of our country.Chapter two : Our country is too criminal to prosecute the system overview . Recommend our country to be too criminal to prosecute the value of the system and theoretical foundation , it is too criminal to prosecute the concept of the system , kind not prosecuted to explain;To not prosecute , sorry to tell and leave a question open the legal nature not prosecuted to analyse definitelying, will not prosecute three kinds and compare from the aspect legislating to stipulate and practise;Describe the amazing remedy that tells.Chapter three : Too criminal to prosecute the overview of the system in foreign countries and Hong Kong and Taiwan . Have made an introduction to Britain , U.S.A. , Germany , France and S. Korea ,etc. too criminally to prosecute the system mainly, the characteristic of practising two systems within one nation to our country, it is too criminal to prosecute the system to analyse to Hong Kong and Taiwan.Chapter four : Our country proposes too criminally to prosecute the existing problem of the system and perfection . Have analysed in term of practising in legal provisions and administration of justice emphatically our country is too criminal to prosecute the existing problem of the system , think if our country strengthens too criminally to prosecute the building and constructing of the system , must perfect the legislation or make corresponding judicial explanation , offer the practical basis for the enforcement not prosecuting right;Should improve quality of public procurator , strengthen sense of responsibility of public procurator , change idea of enforcing the law , reform and innovate, sound prosecution procedure, guarantees the judicial independence to the maximum extent, use and does not prosecute right correctly.
Keywords/Search Tags:Do not prosecute, The system of do not prosecute, Perfection
PDF Full Text Request
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