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The Research Of The Protection Against Double Jeopardy

Posted on:2016-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y L XuFull Text:PDF
GTID:2296330467499313Subject:Law
Abstract/Summary:PDF Full Text Request
Protect the legal rights of criminal law as a state, society and citizens finally a "defense" should also have severe punitive and soft modesty:punitive manifested in behavior to be subjects of the penalties against legal interests of the criminal law should penalty to be regulated; Modesty is reflected in general offense, the circumstances are obviously minor and the harm is not a crime, should not be criminalized. The former function is to protect the legal interests of the latter’s function is to protect the rights of criminal suspects and defendants and offenders. For a crime, judicial officers can either apply general principles of criminal law but the content can be applied to the contents of criminal law; when both apply criminal law section of content but also the content of criminal law can be applied to evaluate each other money crimes, from protect the rights of criminal suspects and defendants and offenders; maintain dignity and fairness of the criminal law, such as the angle of view, it should be stressed that such offenses should be prohibited for repetitive evaluation.Due to the Protection against double Jeopardy existing in the criminal law is too broad, the author just does by some aspects of the study.In this paper, the author will talk about this article from four aspects:Part One:the brief introduction of this principles.Part Two:it is based on drugs and the law applicable recidivism example when competing for repetitive evaluation principles prohibit such an abstract discussion of specific principles.Part Three:the research of the principle.Part Four:deep thinking.
Keywords/Search Tags:the protection against double jeopardy, drug re-commitmentdrug recidivist, competition-collaboration crimes
PDF Full Text Request
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