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On The Penalty Procedures Construction Of Our Country

Posted on:2012-10-11Degree:MasterType:Thesis
Country:ChinaCandidate:H F ZhangFull Text:PDF
GTID:2216330338971924Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As a fundamental social system,legal procedure needs the input of national resources in addition to requirement of necessary resources for individual disputes thus it exists lawsuit cost and lawsuit benefit problem in the operational process .Lawsuit cost is becoming a unescapable hot point because of the shortage of lawsuit resources.Though simple judgement procedure was built in our criminal proceedings laws in 1996,it ruled procuratorates not to convey the whole paper and not to check entity before the cort detailedly any more to lessen the burden of judice department.However that the simple judgement procedure didn't operate practically in every place causes the simple judgement procedure didn't bring into play its effect perfectly as the justice custom exists long enough.Therefore it is neccessary for us to build an environment saving and human rights ensuring simple procedure by learning other continent legal system to solve our trap in practice of our judice.At first we will summarize the destination of punishment order and bring out a clear one:procedure of punishment order is that inquisitors put forward formal appliment and sign the order directly after judges' checking and agreeing for the light criminal cases which have clear facts and enough evidence and for which the accused can be sentenced to criminal detention ,restrain,amble,fine and so on.Then we will point out this procedure fits our inherent powerism pattern and has some social and historal base in practice after comparing and analysing the conditions arrangement,term,objection,effect of foreign punishment orders procedure.Then we will expound the neccessarity and feasibility of the procedure :we can conclude the building of procedure of punishment order is neccessary by speeding proceedings efficiency ,carrying out appropriate criminal policy , making up the disadvantage of present criminal simple procedure and so on.After that we will begin with the stage of operation procedure including arrangement,beginning,check,convey,legal effect,relief system and then put forward the perfective measures for coordinating and design a procedure of punishment order that is relative compete and suitable for our national condition to loose the tense condition of strong pressure in our criminal proceedings.We want to contribute a little for development of governing the country according to the law considering approporiate criminal policy and needs of building harmonious society.
Keywords/Search Tags:Penalty Procedures, Criminal Summary, Penalty Procedures Mechanism
PDF Full Text Request
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