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Concerning Myanmar Criminal Case Exist Problem And Countermeasure Suggestions In The Trial Practice

Posted on:2017-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:X P LiFull Text:PDF
GTID:2336330512964489Subject:Law
Abstract/Summary:PDF Full Text Request
Yunnan border,4060 kilometers from the borders Myanmar, Laos, Vietnam the three countries of southeast Asia, as Yunnan for in-depth implementation of the major strategic bridgehead construction in southeast Asia, South Asia brought a large stream of people, logistics, capital flow, foreign-related criminal cases also corresponding increase, therefore it is necessary for such problems in the case study, and then solved.With in-depth implementation of the major strategic bridgehead construction in Yunnan, China and Myanmar bilateral economic and trade, personnel exchanges are increasingly frequent, wade Myanmar criminal cases gradually increased, commercial &examination &legal departments in handling criminal cases involving Myanmar working mechanism in the process of problems appeared one by one, the people's court on such cases encountered a series of procedure and entity processing on legal issues are also increasingly prominent and complex.Current status and main problems in trying criminal cases of wade Myanmar include:one is in the process of trial of criminal cases of wade Myanmar, nationality, ethnic diversity, often face the defendant dual citizenship or nationality, language is different, no problem, for such a defendant expiration, return to society, education and other measures is difficult to effectively implement. If a crime again, if it have a criminal record or whether constitute recidivist is difficult to find out, is not conducive to prevent crime the establishment of long-term mechanism. The second is to unidentified foreigner's age juvenile criminal suspects commit crime often cannot accurately identified, eventually lead to court sentencing deviation; Three foreign criminal suspects racial and ethnic composition is complicated, the use of language, dialect differ in thousands ways, it is difficult to hire a translation and their proficiencies of English vary, lead to criminal suspects confession record is defective; Four is the international exchange and cooperation in the judicial mechanism imperfect, forensics difficulties, whether evidence admissibility of overseas conversion figured; Five is in infringement of personal rights of citizens punishment with the people in the case, the defendant in a foreign country are often unable to verify the foreign property or with property abroad but the lack of formal channels for assistance in execution and enforced.Hope that through analyzing Myanmar criminal court involved in the case of new conditions and new problems, and analysis, put forward the countermeasures, In order to improve the system, and properly handle criminal cases involving Myanmar, to promote international exchanges and maintain good-neighborly and friendly in Myanmar so was my friend Bob friendship plays an important role; Is also changing ideas, the innovation of social management, the development of the frontier economy, promote social progress and harmony provide powerful judicial safeguard the needs of the border.
Keywords/Search Tags:Criminal cases involving Myanmar, foreign defendant, International exchange of justice
PDF Full Text Request
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