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A Study On Criminal Pre-Trial Diversion Program

Posted on:2016-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:W F YuFull Text:PDF
GTID:2296330467976595Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
It is of great theoretical research significance and value to study into the pre-trial criminal procedure in this new perspective of procedure division. This dissertation is based on the study of the general theory of the system of criminal pre-trial diversion program. By focusing on its necessity and feasibility, this article pointed the possible way to construct this system in china after an overall study of the advanced legislation and practice of developed countries in the rule of law. The dissertation consists of five parts apart from the introduction and the epilogue.The first part is an overview of criminal pre-trial diversion program. Based on the study of the internationalization tend of ideological and development on the pre-trial procedure division in criminal procedure. This part tests the etymological approach to the word diversion and analyzes the concept definition of criminal pre-trial diversion program. It is stressed that pre-trial diversion in criminal procedure is favorable to the respect and protection of person’s human rights, the diversity of handling criminal cases and fundamentally to the promotion of judicial justice.The second part is about the theoretical foundations of criminal pre-trial diversion program. It is pointed out in this part that the theoretical foundations of pre-trial diversion in criminal procedure including the following aspects:The first is the litigation efficiency; The second is the public interest; The third is the principle of modesty; The fourth is the criminal policy of combining punishment with leniency. Furthermore, this part expounds how to apply these theories in the pre-trial division of criminal procedure.The third part is a study of criminal pre-trial diversion program in advanced countries rule of law and its enlightenment. Based on the analysis and comparison of the reason why different countries and regions has formed different systems, this article obtained the conclusion which benefits the construction of the local system after a systemic introduction of the new development of criminal pre-trial diversion program in civil law countries and common law countries.The fourth part is about Chinese problem on criminal pre-trial diversion program. In view of the criminal legislation and judicial Practice, although our country has some filtering mechanism, from the global aspect more stringent principle is still used of criminal Prosecution: one is the investigation procedure does not possess the power of diversion, the other is the prosecution stage of the procedure exists some diversion but the actual effect is very poor. After the comparative study of the problems in pre-trial diversion in criminal procedure, this part analyzes the necessity and feasibility of establishing and perfecting criminal pre-trial diversion program in China.The fifth part is about the perfection and suggestion of criminal pre-trial diversion program. This part unfolds the possible path to build this system, including the transformation of notion of the national prosecution policy, the applicable scope in specific phase, the application method, the related construction and the supervision and remedy mechanism supporting the system.
Keywords/Search Tags:procedure diversion, pre-trial procedure, procedureefficiency, justice, diversity
PDF Full Text Request
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