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On The Separation Procedure Of Joint Crime And Legislative Perfection

Posted on:2015-10-12Degree:MasterType:Thesis
Country:ChinaCandidate:X X ChenFull Text:PDF
GTID:2296330422984765Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The current number of joint crimes occupy a large proportion of criminal cases inChina.There are lots of separation procedure of joint crimes in judicial practice,of which thestudies haven’t systematized yet.Frequent improper practice lead to seriousconsequences,which is caused by current rules that failed to regulate the separationprocedure of joint crime effectively. This paper analyzes the current situations in legislationand practice of the separation procedure of joint crime,and demonstrates specific operatingproblems and difficulties that arise from the judicial practice,and explains the causes.Atlast,to put forward suggestions to improve the relevant rules on the basis of what havediscussed.The following text is divided into five sections to study:Foreword is the general expatiation of China’s legislation and practice situations of theseparation procedure of joint crime, and the reasons why we need to improve the relevantlaw.Chapter I begins by discussing the means,and the similarities and differences between theclassification and the separation procedure of joint crime.Then it analyzes the necessity andfeasibility of the improvement, which lays the theoretical foundation as discussed below.Chapter II mainly focuses on the current situations in both legislation and practice, andsummarizes the causes of them,and clears the current situations of the separation procedureof joint crime in order to propose targeted legislative recommendations to effectively solvethe current problems.Chapter III studies the law of the representative countries or regions of the two legalsystems,which related to the separation procedure of joint crime, to get inspiration throughcomparison and analysis of relevant legislation and to provide information and referencefor our improvement.Chapter IV is the specific recommendations,according to the problems and difficultiesmentioned in the second chapter, the clear principles and conditions,and improve decisions,objections, hearing and relief programs and set up rules of evidence which are related to theprocedure.
Keywords/Search Tags:Joint Crime, Separation Procedure, Merger Procedure, Legal Separation, Discretional Separation, Remedy Procedure
PDF Full Text Request
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