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Research About Dominant Authority Criminal Litigation Model

Posted on:2013-01-27Degree:MasterType:Thesis
Country:ChinaCandidate:J X QiFull Text:PDF
GTID:2296330362463916Subject:Procedural Law
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Putting the main point on Pattern of Litigation, in the development of Criminal Action, common-lawsystem practise partiesism. The equal position and right progress are emphasized; Continental Law Systemruns authoritiesism, seeking for the truth and blaming the criminal are emphasized. These two systems bothhave their own characteristic.As the procession that Pattern of Litigation in two Law Systems are absorbing is absolutely not ancoincidence, it is a trend that the idea and the function are coherent in the way of Pattern of Litigation.Pattern of Litigation forms under a special condition such as national policy, economic, tradition lawsystems, all of these are in an independence values of themselves.Authoritiesism of Pattern of Litigationvalues truth, aims punishment and hold that are running under the government, but partiesism makesdifference which turns to human rights. Different orientations lead different Pattern of Litigations growsfast. But as globalization of law ideas come from all parts of the world, peace and development become themain theme. The truth and the Procedural justice leads the way, it gets more and more important. In theangle of values and purpose,both patterns have much defect, so they must be harmonized with each other.This is the background of the coalescence. The way of the coalescence is not a constant, it is alwayschanging with the value of main ideas of the country. As the procession of globalization becomes faster andfaster, the procession of democratic is growing with it too,Continental Law System should harmonize withCommon Law system especially in partiesism of Pattern of LitigationBack to our county, Criminal Action is a sort of enhanced-authoritiesism, this kind of model may bedouble harmed. If we attempt to change the Pattern of Litigation reasonable, we must make clear andanalysis other theories which are sorted and drawn. According all these conditions, the author has made adeveloped analyses about the theory of Pattern of Litigation of authoritiesism, which in order to make itmore detailed, however how to reform is also discussed. Hoping to have some helping function in ourReform and development of the law.
Keywords/Search Tags:Pattern of Litigation, authoritiesism, truth, Lawsuit efficiency
PDF Full Text Request
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