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Pretrial Procedure Of Minor Criminal Cases

Posted on:2016-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y F ZhangFull Text:PDF
GTID:2296330461462334Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the continuous development of society, the number of minor criminal cases is increasing. How to use the limited judicial resources handle minor criminal cases efficiently, has become an important topic in theory and practice. Minor criminal cases be handled effectively have great practical significance, not only in the aspect of the efficiency value of the law, but also in protecting the rights of criminal.The article make recommendations for improving the minor criminal cases system of pretrial procedure by studying the current run of minor criminal cases,including four parts, and about 24,000 words.The first part is a summary about the Pretrial Procedure of minor criminal cases. Traditional theory holds that certain conditions are met in the case could be sentenced to a minor criminal case, including the specific situation of a case,the will of suspect, the potencial time of prison,and law appliance.The author define the concept of the Pretrial Procedure from the aspect of standards of proof and the potencial time of prison. The author thinks that the Pretrial Procedure should be composed by the investigation stage and the prosecution stage.The second part is a research about the actual conditions of minor criminal cases of the H City, Jiangsu,around the time for handling minor criminal cases. The author made statistics about the average time,the longest time, the shortest time.In addition,time of procedures spending had been concluded.Finaly,the author find that the awareness of efficience is a important factor from affecting quick handling of the minor criminal cases.The third part is about the analysis of problems of handling minor criminal cases.The lack of case diversion have being causing waste of handling time in the investigation stage and the prosecution stage. Furthermore,the author also analysis the effect of coercive measures and evidence procedures,including undertakers’ awareness of efficience.The fourth part is the recommendations of improving the Pretrial Procedure. This part is the core part of the article. Firstly,the author expound the principle should be complied during the improving period.Secondly, specific recommendations were proposed in the legislation and in procedure. In legislation, the author proposed a pretrial summary procedures. shorten the deadline for handling and restrictions of applying coercive measures. On the program,the author thinks that both assessment and incentive procedures should receive attention, hoping to improve the efficiency of case handling by improving the procedures. Finally, the author also discussed on the protection of the rights of criminal and victims and other mechanisms.
Keywords/Search Tags:minor criminal cases, efficiency, Pretrial Procedures, research
PDF Full Text Request
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