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Research On The Principle Of In Dubio Pro Reo

Posted on:2016-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:Z X LiFull Text:PDF
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Since the reform and opening up, the cause of our country are in the increasingly forward. There are laws. Whether in theory or in judicial practice of justice, China has achieved great success, set hundred long mastery.It is proposed to embody the construction of today’s Xi Jinping General Secretary of the country under the rule of law has the characteristics of Chinese. Become a country under the rule of law will not guarantee of human rights, the state public power restriction and protection of personal rights is an important part of the protection of human rights. A country under the rule of law will not guarantee human rights, the state public power restriction and protection of personal rights is an important part of the protection of human rights. The public power power in legal cage, is a prominent feature of the country under the rule of law. "in dubio pro reo" The principles of criminal law originated in Germany, and then spread to Taiwan Chinese. Professor Lin Yuxiong of Taiwan had an article, the defendant on Inquiry on the entity from the angle of criminal law" and other articles. In many previous research results on this paper to further do some research on this theory, summarizes the achievements of the predecessors, draws a series of conclusions.First of all, the first part of this paper to analyze the open origin of this principle in favor of the defendant, mainly is to discuss the origin of the theory from two aspects Chinese and western, and analyze the relevant disputes, pointing out the Chinese when the application of this principle although not like the western countries have deep democratic foundation, but is not completely applicable soil. This is a powerful refutation of criminal law is severely punish crime, doubt is in favor of the accused is not conducive to the realization of the function of criminal law point of view, from the historical origin, that in ancient times we have realized the function of criminal law and the protection of human rights. In addition, the first chapter focuses on the theoretical foundation of its existence, the in-depth analysis of current through the hugely popular vocative case, thus obtains the open the basis and reasons in favor of the defendant"of this theory, from the criminal law of suppression of apology, the function of criminal law, and criminal procedure to explain the nature of vocative case, can cause the attention of people must have deep social and legal reasons. Perhaps this is why the existence of this principle. Secondly, only know the open the existence foundation of this principle in favor of the defendant is obviously not enough to know it correctly, the second chapter chapter analyzes of its application prerequisite, Under what circumstances applicable doubts in favor of the defendant is the applicable limit problems, in the application of this principle is not applicable everywhere at will, if in doubt to immediately apply this principle, it will be easy to violate the principle of legality, caused by the indiscriminate use of criminal law, so rigor not answer there,so we’11 have to give this principle some restrictions, can not let people when applicable touch not to the point, the second chapter will also with other related theory to do some comparison, such as the principle of legality, analysis of why there is so much theory, we still need to doubt and study or the defendant obviously, it has the characteristics of these principles do not have. The third chapter, the article will analyze the specific principles in solving some practical problems should be how to apply. And some examples to analyze them. The fourth chapter and the fifth chapter of the article will be devoted to the elaboration of principles for the application of barriers in actual judicial practice, a theory is good, but it should carry out will meet this or that problem. The US in practice that in theory the results tend to be negative by the world, whether it is the judicial circles, or the ordinary people. It is necessary for us to analyze the reasons for this phenomenon. As Liu Yong Case of trial of second instance verdict, why have so many people question, why the Supreme Court changed the previous judgment. In doubt for the defendant which exist in the application of the principle of a stumbling block, how we are going to solve, this is to solve the problems in the article.
Keywords/Search Tags:in dubio pro reo, the case of Huge, Inhibition of apology the premise
PDF Full Text Request
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