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The Countermeasures To Solve Our Current Situation Causes Of Criminal Litigation Petition

Posted on:2015-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:S S ZhaoFull Text:PDF
GTID:2296330431958576Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Criminal Litigation petition means a behavior associated with a particular criminal proceeding against conduct or results of the people’s courts and the administration of criminal cases, requiring the people’s courts to initiate judicial proceedings and implement certain legal action. In practice, a high level of criminal Litigation petition, the notable of petition cases involving felonies especially the death penalty and other problems have become a major problem which have been long plaguing our criminal justice. The chief of the mechanism for handling of Criminal Litigation petition has a serious impact on the proper functioning of the judicial authority, resulting in a serious dislocation of petition system and function system, while also weakening the judicial authority, undermined the stability program, and intensified judicial resources shortage situation, adding to the burden of the courts. Therefore, to find a solution to solve the Criminal Complaint Letters and Visits has important theoretical and practical significance urgency. There are many reasons resulting of the Criminal Litigation petition. It includes the social environment, Litigation petitioner itself, the administration of justice and the legal aspects of the institution. With the promotion of national and social governance process’ legalization, and in the background of building a harmonious society and a modern judicial system, the relief function of the Criminal Litigation petition will be gradually lost because of its exist conditions and finally ended, while its expressing views’function will be retained. This transformation of the process needs to strengthen legal education in society and improve citizens’ legal literacy, when the concept of the rule of law form the whole society, it helps to reduce the Criminal Litigation petition, or even eliminated. Second, it needs to improve the criminal retrial system, building a mechanism of regression proceedings to end the criminal Litigation petition. Of course, it needs the joint effect of other related systems.In this paper, the structure consists of an introduction, body and conclusion. The text is divided into four parts.The first part is the conception statement of criminal appeal-involved letters and visits. Firstly, it states the concept of the petition, the concept of the litigation petition, the concept of Criminal Litigation petition, and then describes the characteristics and right properties of the Criminal Litigation petition. Finally, clear the nature of Criminal Litigation petition by discrimination of the aw-related petition, administrative petition, criminal complaints and criminal retrial related concepts.The second part, it states the current situation and negative influence of our country’s criminal appeal-involved visits and letters. This part is the place the author focuses on, is one of the most important elements of this thesis. Firstly, it describes of the current situation of the Criminal Litigation petition, which consists of several points as follows:the case amount is large. Cases related with heavy offense especially dead sentence. Appeal-involved letters and visits triggered by the different standards of evidence of criminal action. It lasts too long in criminal appeal-involved visits and letters, hard to put an end and phenomenon of going-on visits strikes out. The visits are organized and the visit time is regularized. By generalizing the current situation of our country’s criminal appeal-involved letters and visits, we then deepen the analysis of the negative influence on our country’s jurisdiction even the society given by reality conditions.The third part is about the reasons that form the current situation of criminal appeal-involved letters and visits. This part deepen analysis of the reasons that form the current situation of criminal appeal-involved letters and visits mainly from three aspects----social environment, visitors, jurisdiction and relevant legal systems hence to provide realistic basis for the solution policies.The fourth part, it helps to raise solutions to change our country’s current criminal appeal-involved letters and visits. Aiming the reasons analyzed from the third chapter, this chapter points out relevant advice from the following aspects. To begin with, we should enhance the publicity of legal systems and improve the citizens’legal accomplishment. Then improve the judges’qualities, enhance the reasoning of criminal judgment, solve the hard problems and launch the measures of cutting down the expense of lawsuits. In legal systems, reformation in judicial systems is brought up. Answering queries after the trials and optimizing the aid systems for the victims.
Keywords/Search Tags:Criminal Litigation petition, cause, judicial authority, Criminal Retrial System
PDF Full Text Request
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