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The Interpretation Of The Criminal Procedure Law

Posted on:2012-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:L A SuFull Text:PDF
GTID:2246330377454907Subject:Law
Abstract/Summary:PDF Full Text Request
The law are closely linked with interpretation, when it is started in written form. Legal explanation is an important subject in the field of our legal research. The criminal procedure law of our country as an important criminal procedure rules since96after the amendment of more than ten years did not have any amendment and legislative explanation. And the legislation of the blank instead, judicial interpretation field is present one kind of abnormal scenes of prosperity. Explain the main body, explain form emerge in endlessly, caused the criminal procedure law of our country in the field of explain chaos, the influence of the criminal procedure law and the unity of the majesty of the law. In this paper in the field of the criminal procedure law of our country legal interpretation fully on the basis of the research, tried to sum up the criminal procedure law of our country in the field of the interpretation of the problem, find out the problem. The criminal procedure law is about to revise again, in this context, as a necessary reviewing and summarizing, with larger reality is of value. In this paper, the reconstruction of the criminal procedure law of our country to explain system target, the criminal procedure law of our country so as to realize the rules of the cure contributes their in a modest way. This paper text more than1900words, full text is divided into three parts.The first part explains this criminal procedure law. The interpretation of the criminal procedure law of our country include legislative explanation and judicial interpretation two kinds, legislative explanation that the National People’s Congress standing committee explanation. The judicial interpretation"2kinds level1" power configuration mode. Legislative explanation in the criminal procedure law of our country basic field blank and judicial interpretation sort is various, explain the main body and explain forms are endless. The judicial interpretation between conflicts constantly, abstract explain the conflict between the applicable law, the conflicts caused the criminal procedure law of our county in the field of explain chaotic circumstances. Explain the lack of the method of the main body of the diversified effects; explain the majesty of the criminal procedure law and the unity of the law.The second part, In the field of the criminal procedure law of our country legal interpretation fully on the basis of the research, trying to find out the problem. The legislation of the social transition period, incomplete, power and authority of the concept of principle and method for the location and the nature of the between conflict in the objective of increased this phenomenon.The third part, From the main body, and explain the form explain two aspects of perfecting the system of criminal procedure law explained the idea. The author thinks that, in the current system under the power of interpretation of the criminal procedure law of our country should be unified in the people’s courts shall exercise in China. The supreme people’s court for judicial judgment is the problems of the general explanatory made unified regulation, guarantee the stability and unity of the rule of law. Local people’s courts at various levels should be on the specific application of the explanation for the limit, exercise judicial interpretation guarantee the realization of individual justice. Explain form should be strictly prohibited legislation properties of the provisions of the law of abstraction, and in should be "cases with release of the formal emphasizes the explanation say that reason. At the same time shall establish judicial interpretation of supervision and restriction mechanism, a "record censorship"...
Keywords/Search Tags:the criminal procedure law, legislative explanation, judicialexplanation, explains system reconstruction
PDF Full Text Request
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