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My Court Exercised Altering Accusation Of Legitimacy

Posted on:2012-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:J Y NingFull Text:PDF
GTID:2216330341951892Subject:Law
Abstract/Summary:PDF Full Text Request
The legality on enforcement about modifying the indictment of accusal in courts is an important issue referring to adjustment of criminal litigation structural optimization and optimized allocation about power of criminal justice.The enforcement of the legality modifying the indictment of accusal in Chinese courts and the basic principle of criminal litigation , the basic rules of the separation of accusation and judgment, the right to defense are included in the legality of judicial power.The scientific conception about Legality of modifying the indictment of accusal in courts is defined legality and justification.It is basis on the feature of criminal litigation structure in Chinese courts and come from advanced theories and practical experience in Developed foreign country on legal system. The Legality on enforcement about modifying the indictment of accusal in courts are mainly manifested on"Criminal Law of People's Republic of China"and"Criminal Procedure Law of People's Republic of China". These entrust enforcement on modifying the indictment of accusal in courts indirectly. Several problems about interpretation of supreme people's court relating to enforcement"Criminal Procedure Law of People's Republic of China"prescribe the issue of modifying the indictment of accusal in courts directly.The justification on enforcement about modifying the indictment of accusal in courts are mainly manifested on the basic principles in purpose, values, structure and etc., as well as on criminal litigation in Chinese courts and two basic rules of the separation of accusation and judgment, the right to defense. Nowadays, the enforcement about the legality of modifying the indictment of accusal in Chinese courts is still with some unreasonable and irregular Problems. Some measures should be taken about upon the limitation boundary of the enforcement so as to modify the indictment of accusal in courts and to procedures about power of criminal justice with optimized allocation.
Keywords/Search Tags:modify the indictment of accusal, Legality, optimized allocation
PDF Full Text Request
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