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The Murder Of Criminal Cases Handled Explore New Mechanisms

Posted on:2016-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:S Y TaoFull Text:PDF
GTID:2296330464973747Subject:Law
Abstract/Summary:PDF Full Text Request
As the saying goes, "human life", the life for every citizen, is the most fundamental and most important right. "Kills" as the pinnacle of criminal cases, the judicial organs can will be the every murder "TieAn" case quality through the historical inspection, directly affect people’s confidence in judicial justice, affect social stability and harmonious.In recent years, all over the country have occurred many wrongs, and frequent present situation. Investigate its reason, the occurrence of misjudged cases most with the illegal evidence exclusion, evidence collection is fixed, lax review of the intimate relationship, which has both investigators responsibility question, also with the existing judicial case system in our country, the case evaluation mechanism has certain relevance. Judicial organs, the method of three organs in handling cases from their respective interests, own, too much emphasis on coordination, slightly less than. In terms of procuratorial organs, procuratorial organs in criminal lawsuit function determines the formation of most wrong case is related to the procuratorial organ lawsuit. Case of doubt, or lack of evidence forced to Sue to the court case is the primary factor affecting the quality of the case.China’s current criminal litigation, the public security organs as the first line of defense of the case quality. The dispersion quality investigation resources in investigating the case, not investigation and criminal prosecution activities effectively, mutual penetration, these are is an important factor leading to occurrence of misjudged cases. In our county police as a homicide case subject, but subject to geographical constraints on the handle, the police murder ability obviously inexperienced; investigation, prosecution by the lack of effective supervision in the procuratorial organs with murder, fill permits views lag; prosecutors arrest, prosecution internal aspects of the lack of cohesion, disjointed, control is weak, the majority of the evidence in the case after the problems of mutual buck passing, it is difficult to make clear responsibility, of which the most important is the lack of an effective mechanism to solve the.Henan prosecutors in Nanyang from 2004 to 2008 four years for the 21 murder suspect to make a non prosecution decision. Based on the investigation and analysis of the 21 murder case, combined with the causes of the misjudged cases, the procuratorial organs since 2008 murder of bold reform of management mechanism, after repeated consultations with the local public security, court, established the "four on three" as the main content of the case for the new mechanism. Since the operating mechanism of Nanyang murder rate back check, remand rate. Since 2013 no arrest murder case, without complaint. This paper intends to trial in Nanyang City prosecutors handled the case of new mechanism analysis, summed up the experience and problems, puts forward some improvement suggestions, hoping to "benevolence", and to provide reference for national implementation mechanism innovation for murder.
Keywords/Search Tags:nanyang procuratorial, kills innovation, mechanism practice
PDF Full Text Request
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