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Research On The Withdrawal Of The Prosecution System For Criminal Prosecution Cases

Posted on:2016-07-26Degree:MasterType:Thesis
Country:ChinaCandidate:J HuangFull Text:PDF
GTID:2356330512476375Subject:Criminal procedure law
Abstract/Summary:PDF Full Text Request
With the continuous development of the construction of country under the rule of law,criminal law to combat crime and guarantee human rights function more unified embodied in the construction of country governed by law in the inevitable process of target,which is China's modernization.China's current criminal law has undergone several revisions,particularly in the amendment(eight)issued after the crime,the penalty,the settings have been basically meets the needs of China's economic and social development,and the basic idea and modern criminal law further fit.Relatively speaking,the criminal procedure law still exist many place just as one wishes,of course,features of the procedural law and criminal law can correlate with,through a large number of the relevant charges of judicial interpretation and refinement,but many litigation link but not by means of perfecting the judicial interpretation,but fundamentally speaking,the long-term and in China.In judicial practice,the heavy entity light procedure related notion,in many of the proceedings not setting the rational experience accumulation,it is difficult to form a typical representative of natural law,procuratorial organ to withdraw the prosecution system is one of the.A case of public prosecution to withdraw the prosecution is an indispensable system of the modern criminal justice,which by giving public prosecution withdrawing prosecution power,provides a solution for the end of processing of public prosecution case,namely in the entity under the wrong circumstances,reasonable use can the right of public prosecution to correct in a timely manner,to guarantee the basic rights of related parties.Unfortunately,China's current "Criminal Procedure Law" no provisions on a case of public prosecution to withdraw the prosecution system,but the judicial interpretation of the Supreme People's court and the Supreme People's Procuratorate has provisions relating to public prosecution to withdraw the prosecution,not only because the legislation is not serious cause controversial theory,also causing problems for the work of judicial organs.This paper is for the analysis of China's procuratorial organ to withdraw prosecution system build and perfect the problem,through the thorough analysis to the procuratorial organ to withdraw prosecution system,find out the existing problems,and draw on advanced international experience,put forward to construct and consummate the system of withdrawing prosecution ideas and suggestions.This paper is divided into three chapters,the main contents include:The first chapter is the overview of public prosecution to withdraw the prosecution system.The effectiveness of concept,nature,mainly introduces the case of public prosecution to withdraw the prosecution system and the significance.At the same time,some related theories,the concept of public prosecution to withdraw the prosecution system is analyzed.The second chapter is on the prosecution case withdrawal system of extraterritorial investigation foundation,the legislative level as a starting point,combining the implementation level especially the actual status of the public security organs in the criminal litigation activities,on the basis of the introduction of China's public prosecution withdrawing prosecution on the content analysis of legislation and judicial practice in China the case of public prosecution to withdraw the prosecution system in terms of problems.The third chapter is embarks from our country criminal justice system and puts forward some ideas to construct and perfect our country public prosecution withdrawing prosecution.
Keywords/Search Tags:Criminal lawsuit, Public prosecution, Withdraw
PDF Full Text Request
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