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Theory Of Criminal Procedural Law Changes Impact On Arrest Examiation Work And Rexponse

Posted on:2014-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhongFull Text:PDF
GTID:2296330422989960Subject:Law
Abstract/Summary:PDF Full Text Request
China’s "criminal law" for the first time in15years in2012ushered in thesecond overhaul, the criminal procedure law from the original225to290. This isChina’s "Criminal Procedure Law" greatly improve, great progress in China’s criminalprocedure system to absorb the advanced world criminal law system. But the new"criminal procedural law" amendment, the procuratorial organs of new content at thesame time, also to the procuratorial organs examine and arrest the work put forwardhigher requirements, has brought new challenges, such as arrest necessity review, theexclusion of illegal evidence, custody necessary examination etc..This paper from the criminal law theory revision of relevant content, anddetailed analysis of the criminal procedure amendment and procuratorial work relatedto the examination and approval of arrest. This paper mainly includes the followingaspects and perspectives:The first chapter, related to expression of criminal procedure and its theoreticalbasis and revised review arrest system. Mainly introduced the system and theprotection of human rights theory, supervision theory and procedure justice review ofarrest, pointed out that China’s arrest system has its own characteristics, and there is abig difference between the relevant institutions abroad, blow the traditional conceptof the impact of the light of human rights have become the obstacle of thedevelopment of review of arrest system.The second chapter, change to arrest system under the new criminal procedurelaw and influence, the revised "criminal law" on the arrest, prosecution ofinvestigation supervision, investigation supervision of the procuratorial agency tocollect evidence and exclusion in exercising the right to defend security defense workand compulsory measures of procuratorial supervision work requirement and influence. Points out that the new provisions of the criminal procedure law, as theinvestigation supervision work to bring new development opportunities andchallenges under the criminal procedure law arrest produced tremendous change,opened a new direction in the system design, correct the original has obvious progress,but also on the examination of arrest is challenge.The third chapter, discusses the review plan arrests and Countermeasures toperfect the new criminal procedural law, the procuratorial organs must be from ideasto system creation are implemented well, can realize the criminal procedure law ofnew modified objective. In the perfect measures, paper put forward the conception ofconstructing new mechanism of arrest, a series of ideas to improve and arrest link.The innovation of this paper is to keep up with the new "criminal procedurallaw" the spirit, in the analysis of the new criminal procedure modification at the sametime, the control of China’s procuratorial organs arrested stages of duties in thereview and the need to pay attention to the problem of control research analysis, hascertain reference significance to our country procuratorial work mechanism in thestage of review of arrest..
Keywords/Search Tags:revised criminal procedure law, to arrest the examination work, impact and response
PDF Full Text Request
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