Font Size: a A A

The Criminal Found A Study Of The Problem Of Guilty

Posted on:2017-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:S B WangFull Text:PDF
GTID:2356330512984015Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,with the rapid development of the economy of our country,the crime rate increase continuously.Criminal cases turn to be more and more complicated,especially for the way to treat a criminal who is discovered another crime while in prison.There exist different concepts of trial in different judicial organizations,which give rise to the difference in procedure trial and penalty result for a similar case.For instance,here is a situation that the organ of investigation has discovered that the criminal who in prison has committed a missing crime.Whether they arrest the criminal or not? This is a universal problem which brings about a serious impact on the fairness and impartiality of the judiciary.According to the practice in daily work,the paper author points out three problems below of judicial practice and the crime leaks identification: the identity cognizance of leak criminal,treatment measure for crime leakage and standard of it.By analyze the three cases above,it can be found that leaks the crime after the procedure and finds some problems,lead to practical work standards are not standardized,hearing trial results of the various different,the impact of the judicial authority and seriousness.In common judicial practice,the handling department used to replace coercive measures with criminal penalty.As a matter of fact,coercive measures doesn't equal to criminal penalty,because of the different function.The coercive measures use to make sure that the lawsuit proceeds smoothly,while the criminal penalty aims to punish the criminals.The author believes that we should not only fully guarantee the substantive rights of the criminal suspects,but pay more attention to the protection of procedural rights and improve the construction of the procedural system when deal with crime leakage.In this paper,several suggestions will be put forward about crime leakage on the cognizance of the crime and trial procedures.,hoping to solve the similar problems which legal workers encountered in practical work.
Keywords/Search Tags:the crime of leakage, trial procedure, the crime of missing
PDF Full Text Request
Related items