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Thinking Of The Acquittal Rate Of Our Country

Posted on:2019-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:W WangFull Text:PDF
GTID:2346330542986165Subject:Law
Abstract/Summary:PDF Full Text Request
By looking for information,the writer analyzed nearly 19 years from 1998 to2016 of the status quo of acquittal rate in our country,think from the numerical analysis,the acquittal rate is low in our country,but that does not deny of criminal lawsuit system in our country.Simple compared with outside acquittal rate,it seems the acquittal rate is low in our country,but the outside of the acquittal rate calculation method,as well as Asian countries after the acquittal rate,can determine the acquittal rate is low,but big gap with other countries and have no imagination.And because the criminal system is different,different stages of the crime certification standard are different,so the acquittal rate of countries(regions)may not have direct comparability.Acquittal rate is low in our country is the main reason of the legislation and practice of shen v.policy in our country,withdraw the prosecution system at the same time,the method of inspection appraisal mechanism,as well as the unique legal culture in our country,have affected China's acquittal.Judging from this,the acquittal of low rate of certain rationality,the case in the practice of the discovery of the truth and the rights of criminal suspects played a major role in the protection,design orientation in the related criminal system in China also means that we should not to pursue the increase rate of acquittal.However,the low rate of acquittal is also caused by non-justifiable factors,such as the operation of the jurisdiction of the judicial system due to external interference,while the low rate of acquittal is also caused by some unintended consequences.Finally,according to the impact of the acquittal of the existing problems that exist in the formal or informal system,from the legitimation minor litigant relations,improve the system of withdrawing prosecution,dealing with the relation between public opinion and the judicial,performance appraisal,improve the technique to improve the operating countermeasures of jurisdiction in order to give full play to the acquittal of prevention and error correction function.
Keywords/Search Tags:Acquittal judgment rate, Caution, Policy, Withdrawal, Prosecution, Examination mechanism, Legal culture
PDF Full Text Request
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