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The Denotation Of Criminal Suit System Research

Posted on:2016-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y P ZhangFull Text:PDF
GTID:2296330461490588Subject:Law
Abstract/Summary:PDF Full Text Request
Denotation of criminal suit system is our country’s criminal case filing before an important lawsuit system, it is to point to:public security and procuratorial organ apply indictment for accurately determining if case clues to survey activities comply with the requirements for filing. Denotation of criminal procedure system of crime has important significance on one hand, on the other hand can be solved by criminal procedural law of our country is not perfect and the adverse effects. To say the denotation of the criminal procedure system in the judicial practice of criminal action in our country plays a very important role, but the current criminal procedure law to the denotation of the criminal procedure system has not clearly defined, it is legal to have made the denotation of the criminal procedure system in our country criminal prosecution theory there has always been controversial, which has many adverse effects on the whole judicial practice. So the denotation of the criminal procedure system of in-depth research and discussion, will be more conducive to our investigation of criminal cases, at the same time also can promote the further perfect of criminal procedural law of our country.In this article, the author will mainly from the following five aspects:study of denotation of criminal suit system in China:The first part is defining the denotation of the criminal procedure system in theory, by giving the definition of the denotation of the criminal procedure system, and its emergence and development were introduced, emphatically discusses the denotation and the investigation of the relationship, at the same time the theoretical controversy about the legality of the denotation of the criminal procedure system are introduced and put forward their own views.The second part of the preliminary investigation system in criminal procedure law function analysis, the denotation of the criminal suit system in filing, scientific litigation right, human rights protection, the analysis of the efficiency, further illustrates the denotation of the criminal procedure system in judicial practice is of great importance.The third part of the capacity analysis of the denotation of the evidence of criminal litigation, mainly introduced the related theories about the ability of denotation of criminal suit evidence evidence, and the author’s point of view, at the same time, this paper introduces the denotation of criminal suit evidence be finalized according to the barriers faced by the final evidence of criminal litigation denotation of specific evidence ability are analyzed.The fourth part the denotation of criminal suit system in China, analyzing the present situation and existing problems of preliminary investigation system of the criminal lawsuit of our country there are clues to assess mechanism imperfect, the preliminary investigation means less, lack of the denotation of the program to the guarantee of civil rights, the current preliminary investigation system impedes the right of supervision and so on several aspects of the problem.Fifth part to perfect our criminal litigation system of preliminary investigation of the specific idea, through the investigation and reference of the foreign preliminary investigation system in criminal procedure, in order to clarify the legal status of preliminary investigation in criminal litigation in our country, and puts forward the specific operation mechanism for preliminary investigation system in our country, and the relevant mechanism to establish the idea of preliminary investigation system in China.
Keywords/Search Tags:Preliminary investigation, Legal function, The evidence ability, The existing problems, Improvement
PDF Full Text Request
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