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Our System Defects And Improve, Relatively Non-prosecution

Posted on:2012-12-13Degree:MasterType:Thesis
Country:ChinaCandidate:P LangFull Text:PDF
GTID:2216330371951405Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Relative non-prosecution system is an important component of criminal litigation system,Which is the basic system established by law under the concept of criminal prosecution of cheap doctrine.lt embodies some unlimited judgements of public procuratorates,Which is of vital importance in the value of law.Although in china established the relative non-prosecution system, but as the law of the relevant non-prosecution system was too broad and the corresponding supporting system was imperfect, lead to existed deviation in judicial practice.The value of relative non-prosecution system has not been fully demonstrated.Therefore,it is necessary to deeply study its application in practice and problems in Relative non-prosecution system,and it is expected to assist legislative improvement and judicial practice. The author introduced the meaning of relative non-prosecution system and basic theory of relative non-prosecution system.Compare the concept of relatively non-prosecution to a number of related concepts further clarify the connotation of the relatively non-prosecution.Describe the history of Chinese relatively non-prosecution system status and the specific contents.In the second part from ancient times, times and modern legal theory of development of our relatively not to indict the theoretical basis, detailed deeply into the prosecution system is not a theoretical cultural background, to improve our prosecution system is not provide examples of theoretical basis. The third section analysis the non-prosecution system of two schools of major countries.Forthe Anglo-American law countries, focus on the non-prosecution system of UnitedKingdom and the United States.For the civil law countries,focuses on the non-prosecution system of Germany and Japan.Through analysis non-prosecutionof two schools of major countries,provide the reference to Improve China's relativelynon-prosecution system.The third Part is to analyse problems of current relatively non-prosecution system in our country.The author studied the useful experience from foreign countries and put forward.About how to improve China's non-prosecution system,focus on several aspects,such as specifying the conditions of application,extending the coverage,improvingthe implementation,scientific supervision establishing susPension prosecution system;establishing hearing procedures of relatively non-prosecution;reforming self-reliefsystemofthevictims;supervision and control mechanism is mainly focused on the strengthening of internal supervision and restraint mechanisms and external supervisory mechanisms of these two aspects;improve the social system as the corresponding content which are improve the social system and the establishment people's supervisor system. With a view to enhance the system in maintaining social stability and protecting the legitimate rights and interests of citizens and the efficiency of the proceedings,and other aspects of a greater role.
Keywords/Search Tags:Relative non-prosecution system, Defect, Systematic perfection
PDF Full Text Request
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