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Criminal Procedure Does Not Suit If Not The Principle

Posted on:2008-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y WuFull Text:PDF
GTID:2206360215454416Subject:Law
Abstract/Summary:PDF Full Text Request
No claim no trial principle is the most important principle of all of the criminal principles. Its main connotation has already exceeded the primitive meaning, in the process of west bourgeois revolution, the bourgeoisie has enlightened the connotation that the thinker has given his democratic human rights to , it has had the function protecting human rights , controlling the government's power. It is an important tool for the defendants to antagonize the state power.No claim no trial principle adjusts the relations of sues and the trial .It's one of the important lawsuit principles. It requires a prosecutor or a private prosecutor in criminal cases must be prosecuted, a plaintiff must bring a claim in civil cases And can be tried by the court case, the prosecution by the court in which the proceedings of the limited scope of the request, outside the scope of the proceedings may request Indicates before the court can make a judgment city, the city will be unable to continue after the trial court, sue functions and judicial functions must be separated complaint. Court is not sue institutions, as well as judicial, otherwise it would not be possible to ensure an objective and fair trial of cases. Due to our long criminal policy of legislative construction of the legal system, Many policies of law and practice the design of the system do not comply with the Procedural Law's "golden rule" not even been ignored is a serious violation of this principle.This article summarizes our Criminal Procedure and practice to ignore the existence of a number of divisions which do not conform to the principle of the situation. The corresponding solutions, do not expect to be able to completely resolve the problems that exist in our judicial practice, But I feel able to ignore the principles and the fight against crime will not follow, maintaining social stability to achieve some balance between the criminal policy.
Keywords/Search Tags:No claim no trial principle, Accusation and trial separation, Prosecution and trial of the same
PDF Full Text Request
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