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Code Of Criminal Procedure In The "other" Word Study

Posted on:2014-06-20Degree:MasterType:Thesis
Country:ChinaCandidate:W B LiuFull Text:PDF
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Punishment of crime and protection of human rights are two basic value orientation ofCriminal Procedure, and this adaptation, the legislative work of the Criminal Procedure Lawshould try to maintain rigorous and efficient. But with the introduction of amendments to theCriminal Procedure Law of2012, a total of twenty-seven different meaning of the "DENG" wordsemerged in the modified method, by which brought us some confusion. A "DENG" word, althoughnot occupy much space for text, or even because it is too obscure and easily overlooked, so veryfew people have made systematical analysis study, which really is a major shortcoming.To compensate for this shortcoming, I focus on the following aspects which were studiedsystematically.First, the uses of profiles were studied.Second, existing "chance" and "necessity" of "DENG" words were studied.Third, the “amount" and legislative "quality" are no direct causal link necessary.Fourth, the use of the "DENG" words are not only reflect a country’s legislative technicallevel, but also reflect a country’s civil rights and interests of the senior level in real terms giventhat some in the past.Fifth, not all of the "DENG" words are ambiguous.Sixth, we need to take a new way which is closer to Criminal Procedure.Seventh, in many ways, the goal is to find more consistent interpretation of the essence ofthings "optimization" interpretation method.Eighth, the research of power or right should follow two basic paths (the "narrows" or"expansion").In short, because of the meaning of the words may be two diametrically oppositeinterpretation, so base on the punishment of crime based on the idea of the justice and theprotection of human rights, we need a systematic study.
Keywords/Search Tags:Code of Criminal Procedure, “DENG” words(all/etc/other/such as.), Eliminate ambiguity, punishment of crime, protection of human rights
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