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On The Conditional Non-prosecution System In Our Building

Posted on:2012-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y F QiaoFull Text:PDF
GTID:2216330344950218Subject:Law
Abstract/Summary:PDF Full Text Request
Postponed Prosecution is originated from prosecution cheap socialist, conform to the international criminal litigation "light-crucifixion" and "depenalization". And it's the trend is to develop and perfect our current no prosecuting system, which is also the need of improving the efficiency of lawsuit, alleviate Chinese judicial resources needs. It can also prevent and reduce crime, be helpful for maintaining the social stability and comprehensive treatment, advancing Chinese judicial construction. In foreign countries and China's Taiwan Macao have legislation of Postponed Prosecution.At present in our country,there's no definite legislation, but in some places have already began to try out, and have obtained some achievements. Practice calles for legislation affirmation, in order to provide the legal basis to the practice. Make the procedural details is necessary.This passage bases on the practice of our country, and puts methods in China construction of Postponed Prosecution. This paper mainly through the following several parts to illustrate:The first part is comparing with related theory to elaborated concept of Postponed Prosecution. It also introduces the system's legal basis. the system has a certain value from the jurisprudential affirmed.The second part introduces the trials in various places of Postponed Prosecution in detail. And through the trial implementation summarizes the current theory about the legitimacy of this system of inquiry, and raise many problems needed to resolve.The third part is the key point. Through the introduction of the analysis Postponed Prosecution in the trial problems in response, summarized the establishment of the system of necessity and feasibility. Finally from the system established specific aspects of comments, in order to establish the P-ostponed Prosecution in our country.
Keywords/Search Tags:Postponed Prosecution, doctrine of free evaluation prosecution, free evaluation, System Establishment
PDF Full Text Request
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