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Contract Of Criminal Litigation

Posted on:2015-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:W W MaFull Text:PDF
GTID:2266330428965661Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Change trend of criminal action in today’s society more and more obvious, that is"public law"and"leasing"criminal suit. Investigate its fundamental. is the developmentof human rights and obligation concept through to all kinds of social relations. Bothinfluence each other, Starting from Rousseau’s social contract theory, power thoughtgradually withdraw from social and historical stage, instead, the spirit of contract ispopular. Contract in dealing with people, people and the government, and even on therelationship between people and the law, plays an important role. The criminalprocedure law of change is not exception. As the litigation right theory is puttingforward and developing, and also gradually deepening understanding of criminalproceedings. Not only will it as public power and public interests a cold discipline. Inthe new sphere, the criminal procedure law research has bought a new realm,punishing crimes by criminal procedure law,is the only purpose became one of thegoals, the reform of the points all joined the factors of human caring. Stakes ofcriminal lawsuit is more clear, obviously, carried by the criminal procedure lawdemands of various interests, should be respected and understood.The latest modification of criminal procedure law of our country althoughincreased attain the goal of "protecting human rights", also increased the number ofentities give the victim rights and procedural rights, From the litigation right in theory,has the subject qualification, or has equal main body qualifications. The result isdifficult to achieve proper litigation rights. Not only the rights of the accused personshave not been fully safeguarded, the protection of the rights of the victim morecongenital deficiencies existing. Criminal proceedings leasing concept in order toachieve real attain the goal of protecting human rights of criminal lawsuit system. Isto achieve this goal which provides a mainstream social thoughts and methods of legaltheory. Although the concept of contract is reasonable, that can still effectively solvethe problems of theory. However, under the current system, only by the underlying.
Keywords/Search Tags:Criminal litigation, leasing plea bargaining, contract litigation right, theory of criminal reconciliation
PDF Full Text Request
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