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Criminal Procedure Law To Modify The Theoretical Study

Posted on:2010-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:W ShiFull Text:PDF
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The studies of purpose of the criminal procedure began in the1990's,and gradually theories are formed regarding the purpose of criminal procedure,which include the dialectical unity theory of punish crime and the protection of human rights,the level theory for the purpose of criminal procedure,the theory of the freedom and security, the doctrine of dispelling collision,the inside and outside theory of criminal procedure.But in my opinion,more or less,all of those theories have some defects. From the angle of history development of the criminal procedure,the paper tries to divide the purpose of criminal procedure into the resolution of dispute,the social control and the regulation of power.The purpose of criminal procedure decides on the model of criminal procedure.The code of criminal procedure of PRC will be modified recently.For the educational and practical circles,which model of criminal procedure should be taken as the blueprint to design the code of the criminal procedure,has become the center of controversy. To decide which model should be followed by the modification of the code of the criminal procedure,first of all,in Chinese current situation,we must clarify whether to take as center,the social control or the power norm.After 30 years of the reform and opening up,China has entered into an era of the interests of the game.In the term of the institutional reform and social transformation, the interest relation and general layout of the society has been in the state of non-equilibrium,the interest clash increased,the mass incidents happen frequently, the corruption of judicial becomes serious,and the relationship among the administrative power,judicial power and civil rights has become more and more tense. The country tries to strengthen the power of the administrative and judicial institutions,in order to suppress the social conflicts,and to maintain the social stability,but these methods did not make valid,and made those problems become more serious.Under these situation,the thought of maintaining social stability must be converted,that the power control should be strengthen,the civil rights should be protected,the tensions between the public power and the civil rights should be eased. Nowadays,there are two main models of the criminal procedure,the procedural model of the party concerned and the procedural model of the power concerned.Both of them have taken the social control and the power norm as the purpose of the criminal procedure.But in comparison of these two models,the procedural model of the power-concerned pursues more social control,and the procedural model of the party concerned pays more attention to the norms of the power.
Keywords/Search Tags:the Purpose of Criminal Procedure, Social Control, the Norms of Power, the Modification of the Code of the Criminal Procedure
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