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Research Of Non-Prosecution Of Additional Conditions Public Supervision Svstem

Posted on:2012-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:X D CaoFull Text:PDF
GTID:2246330377954906Subject:Law
Abstract/Summary:PDF Full Text Request
This paper initiates from the problems existing in the Research of Non-Prosecution of additional conditions system in test period, especially on the problems of supervision aspect. This paper analyzed the necessity and feasibility of Non-Prosecution of additional conditions system according to the foreign experiences, and not only our comprehensive Non-Prosecution of additional conditions system, theory and practical experiences, furthermore it also put forward to the opinion that the Non-Prosecution of additional conditions system should connect the public supervision system and discussed its necessity and feasibility and lodged corresponding assumption.The first part focuses on the research on the theory and judicial practice of Non-Prosecution of additional conditions. It especially analyzed the problems existing in the supervision aspect in Non-Prosecution of additional conditions operation in test period, which makes a theory and practice foundation for the inlet of people representative in Non-Prosecution of additional conditions system.The second part analyzed the necessity and feasibility of the inlet of people representative in Non-Prosecution of additional conditions system, which is resolution of outer supervision bottleneck problem and also response to "who should supervise the supervisor", and it is also the necessity of equal legal protection and justice and public, which is also destined democracy development in prosecution and has important meaning to the misuse of prosecution power and enhance the public reputation of prosecution organs. The foreign society supervision model is a reference for inlet of people representative in Non-Prosecution of additional conditions system, which has relative solid practice and rich theory foundation in China.The third part analvzed the necessity and feasibility of connection of two systems. Both single people representative supervision system and Non-Prosecution of additional conditions system has its own limitation. The connection of two systems is beneficial to guarantee the procedure participation of party concerned and lead to procedure justice; prevention of absence or misuse of supervision of people representative; guarantee for people representative to learn about practice and make right supervision decision. Two systems have many similarities in value pursuit, and are consistent on function orientation, are fictile on system arrangement, which has natural connection advantage and lead to an outer, rigid, incorporated Non-Prosecution of additional conditions system.The fourth part put forward to the concrete assumption of inlet of people representative in Non-Prosecution of additional conditions system on the basis of china pr inlet of people representative in Non-Prosecution of additional conditions system practice, which focuses on the concrete measures to connect two systems.
Keywords/Search Tags:Non-Prosecution of additional conditions, supervision, refrain, people supervisor, hearing of witness
PDF Full Text Request
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