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Multi-dimensional Regulation Of Jurisdiction Of Criminal Judge

Posted on:2013-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:P WangFull Text:PDF
GTID:2246330371976783Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal jurisdiction is an important judicial power of the criminal judge given by the constitution and laws. Power tends to corrupt, absolute power corrupts absolutely corruption, although legislative and judicial organs made many rules to inhibit the abuse of jurisdiction. In criminal judicial practice, criminal jurisdiction is still facing the judge abuse judicial power, one of the most important ways of rent-seeking power. Therefore, in the context of criminal justice, on regulation of jurisdiction of criminal judge has become a significant theory and practical proposition, but this is a great project, just from a single field cannot solve this problem, multidimensional regulation is the only way to help to the solution of that.This article is divided into preface, text, endnotes three parts, including six of the text.The first part is a summary of criminal judge jurisdiction. it reveals the meaning of criminal judge jurisdiction through to the various domestic and international viewpoints, and connecting with the criminal theory and criminal judicial practice pointed out that characteristics of jurisdiction. At the end of this part, it introduced two types of classification.The second part is the scope of application of criminal judge. jurisdiction Combined with the criminal justice practice, points out that it includes the criminal convicted criminal procedure and the sentencing of the program, including criminal enforcement procedures.The third part is the influence factors of criminal jurisdiction. Through the above two parts puts forward the influence of the many economic and social factors, and their analysis for below on the regulation of jurisdiction of criminal judge to seek to effective prescription.The fourth part is the dilemma of criminal jurisdiction. This part introduces the "day price increasing case" and "xu case" and two reforms of jurisdiction of criminal judge, and points out the dilemma of criminal jurisdiction in the criminal judicial practice, also can says two extremes:one end is the "not free" on the exercise of criminal jurisdiction; The other end is the "super freedom".The fifth part is the purpose of this article part of the significance and ways multidimensional regulation of criminal jurisdiction. This paper is all for regulating jurisdiction of criminal judge in the criminal judicial practice, to ensure that realize the judicial justice which is judicial ultimate value, however the regulation of jurisdiction of criminal judge is a huge systematic engineering, it is necessary and urgent to regulate jurisdiction of criminal judge using system within and outside ways.The sixth part is the new developments of the regulation of jurisdiction of criminal judge This section describes the new ways of regulation in recent years, such as the supreme people’s court for sentencing standardization reform, the referee documents on the Internet, some places of the people’s jury system and establish a social court, and so on.
Keywords/Search Tags:Judge Jurisdiction, Scope of Application, Multi-dimensional Regulation, New Developments
PDF Full Text Request
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