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The Intrinsic Value Of The Criminal Suit Research

Posted on:2016-03-04Degree:MasterType:Thesis
Country:ChinaCandidate:Q JinFull Text:PDF
GTID:2296330482970487Subject:Law
Abstract/Summary:PDF Full Text Request
In reality, it is common in China that there are anti-procedure trend in criminal litigation procedures, lack of standardization, ignoring the requirements of criminal litigation procedures in evasion of law and intended not take action. For this value formation and development in criminal litigation, it is believed that the reason for this is to lack of highly recognition and Implementation for inside values of criminal litigation procedures. It is conflicting that the lack of procedural justice during legislation and justice and all requirements modern legal society restricted for public power and protecting personal life, freedom, property rights protection and equal rights under law for all men. Therefore, it was of real significance for this paper to address the balance of formation of the values of criminal litigation procedures and its path discussion.This paper consists of three parts:the introduction, the main body and the conclusion. In the first part of the main body, the general situation of value theory for criminal litigation procedures was introduced, which comprise of the origin of due process and its value. Through the research on the value origin of criminal litigation procedures and its content changes and combined with achievements in this filed, the values of criminal litigation procedures was preliminarily discussed. In the second part, the values of criminal litigation procedures were analyzed theoretically and the differences between ancient and modern society as well as home and abroad were compared. By searching and analyzing the national characteristics and cultural background, the sense of values of lack of procedures and procedural instrumentalism were discussed. In the third part, it tried to clarify the path to achieve the value of criminal litigation procedures in the legislation and judicature. Besides, combined with the realistic requirements of Chinese social rule of law development, it proposed that the safeguard measures for realizing the value of criminal litigation procedures.It can not separate history and national situation to discuss the research and practice of the value of criminal litigation procedures. However, it must guide the history development and make prospective judgment for the reality. That is the responsibility and mission for researchers.
Keywords/Search Tags:criminal proceedings, intrinsic value, procedural justice
PDF Full Text Request
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