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Research On The Start Procedure Of Criminal Suit

Posted on:2016-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:X C WangFull Text:PDF
GTID:2296330467490173Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The start procedure of criminal suit, as the beginning of the entire criminal proceedings,the operating results of its designed program has a big and self-evident impact on subsequentcriminal proceedings. The start procedure of criminal suit is set up as criminal case proceduresin our law. But strictly speaking, they are not exactly the same, because, due to differences inunderstanding the start criminal proceedings, the criminal proceedings startup mode varies indifferent countries, which does not all have provisions for filing procedures. From thelegislative point of view, taking criminal case procedures as the primary part of criminalproceedings in our country exists particular value and role. However, with the acceleration ofthe country’s legal process, criminal case procedures also exposes some flaws and practicalproblems. It is problems. It’s difficult for authorities to combat registering substituteadministrative penalty for criminal punishment, etc., the critical reports is endless. How tosolve these problems urgently needs to be addressed by theoretical and practical fields.This paper is on the basis of organizing and collecting a lot of literature information, byusing the concept of analysis, literature study, comparative study, allows the combination oftheory and practice. Under foothold in China’s judicial conditions, the thesis boldly absorbsuseful results abroad and discussed a lot about the start procedure of criminal suit. From theanalysis of the start procedure of criminal suit as a starting point, it demonstrated on thenecessity of improvement for our current start procedure of criminal suit, namely criminal caseprocedures. In the research value of criminal case procedures, the proposed order shouldhighlight the value and efficiency from the program’s point of view, and as a theoretical basispoint, put forward improvement suggestions for the start procedure of criminal suit. In view ofthe difficult problems start criminal proceedings, this paper made the proposal to change thestandard criminal case and advocated the adoption of a clear preliminary investigation of thenature and limits the duration of the preliminary investigation, filing review to resolve theproblem. Finally, to improve oversight filing a reasonable solution, the thesis advocatesexpanding the scope of supervision, to broaden the sources of clues, giving prosecutors theappropriate supervisory functions, improve supervision, off the case, in order to improve thesupervision mechanism criminal case.
Keywords/Search Tags:Start procedure, Criminal case on procedures, Program value, Suggestions forimprovement
PDF Full Text Request
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