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Deferred Prosecution Probe Into The System

Posted on:2009-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y TangFull Text:PDF
GTID:2206360245975925Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Reprieve prosecution manifests that regarding of situation of the case, procurator can take it or not. The basic meaning of reprieve prosecution is that public prosecutor does not sue temporarily when executing prosecution, for the crime suspect conforming to the legal prosecuted conditions, which attached some conditions, in the stipulation retention prosecution deadline.The system of reprieve prosecution arises with the development from prosecution legally to prosecution cheaper , the changes reflect the concept of objective penalty , its value content accords with the current trend of criminal policy. Judicial resources distribution and effectiveness is one of the most important facts to the society . The system of reprieve prosecution can save the cost of judicial procedure , advance the judicial system, safeguard human rights and help criminal suspects turn over a new leaf .There is no related regulation of reprieve prosecution in China criminal lawsuit, but more than one department of justice have tried to applied this rule into the specific case in recent years. The implementation situation of reprieve prosecution in our country has obtained remarkable results. Legislation and present judicial situation in foreign countries such as Germany, America and so on has important model significances for constructing the system of reprieve prosecution in our country. So it is necessary to construct the system of reprieve prosecution in our country.
Keywords/Search Tags:reprieve prosecution, doctrine of free evaluation prosecution, discretionary power
PDF Full Text Request
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