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Research On The Mechanism Of The Criminal Summary Procedure

Posted on:2014-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:J XiongFull Text:PDF
GTID:2256330425473495Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
justice is one of the important goals to be achieved by the legal system,also used to evaluate and judge a legal regime have legitimate according to the important value of the standard. judicial resources is often limited, how justice can be a consistent manner throughout the criminal proceedings which,while effectively grasp the fairness and efficiency of both equitable and effective shunt cases, criminal summary procedure came into being. with the development of economy and society, the number of cases has been rising, so that the application of the criminal summary procedure, not only in the adversary trial mode countries take root, and settled in the inquisitorial trial mode countries.this study is divided into four parts:chapter ⅰ, criminal summary system overview. the law is the organic unity of the basic theoretical disciplines and applied sciences, the life of the law is that the implementation of the implementation of the process is a legal theory to the real legal process, to further implementation of the perfect summary of the criminal system, only from the macro to understand not enough, the definition of the concept, the interpretation of the basic theory, intends to give you the whole picture of a criminal summary,chapter ⅱ, commentary the extraterritorial criminal proceedings summary system. this section is combined with civil law, common law, and germany and japan on behalf of the national criminal summary procedure legislative, judicial practice exposition reveals the commonality of these countries to some extent, through the elaboration of common characteristics.good experience of countries with more mature legal system run summary judicial practice in china will also have implications for system reference for the establishment of scientific and effective working mechanism.chapter ⅲ, the study of criminal summary procedure.unbalanced solution through the study of criminal summary procedure history of criminal summary procedure historical process of development, the new code of criminal procedure criminal summary procedure legislative perfect to illustrate the revised criminal procedure law system on the criminal summary procedure major revisions, and then analyze and understand the characteristics of the modified modified the spirit of the legislation, to build a unique chinese characteristics summary system to provide a reference for specific reference to the corresponding system build.chapter ⅳ, criminal summary procedure modify the theory of operation context under prosecutorial power. the new code of criminal procedure as a starting point, as the starting point of the angle of the use of prosecutorial power, the judicial practice of the use of the research summary procedure criminal summary procedure; first expounded modify the context of prosecutorial power run to follow the basic principles of prosecutorial power in the system to build to explore aspects of the principle of reference; innovative working mechanism to ensure that the summary as a starting point to ensure the use of prosecutorial power mechanism proposed work.the author used the comparison method to demonstrate the values and theoretical basis of the summary. and the use of empirical analysis to modify the background analysis, analysis of summary procedure to modify the challenge to the prosecution to national conditions, based on the principle of both fairness and efficiency, from the point of view of the theory and practice, to explore for criminal justice practice prosecutorial power to run a variety of mechanisms. and counting on that here, make a small contribution for the purposes of the act.
Keywords/Search Tags:criminal summary, procedure, the new code of criminal procedure, prosecutorial power, just efficiency court
PDF Full Text Request
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