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Criminal Misjudged Case Of Criminal Procedure Value Analysis

Posted on:2019-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:S F LvFull Text:PDF
GTID:2356330548958299Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,the media in China has exposed some serious criminal cases,which has aroused wide public concern and strong repercussion.The harm of criminal error is self-evident,which not only causes irreparable injury to the parties and their families,but also seriously damages the authority of the judiciary.The most important thing is that our country's criminal cases frequently appear frequently,which has revealed that there are a lot of problems in our country's criminal justice.Social justice will be difficult to achieve if the criminal case cannot be contained in time.Of course,criminal error is a worldwide problem,and all countries in the world are studying how to curb the occurrence of criminal wrong cases.The author access to a large amount of data,found that a crime cannot avoid completely,like people cannot make no mistake,this is also our research how to curb crime theory premise and foundation.However,we can still find ways to reduce the incidence of crime in our country.Specifically,the research train of thought,from the Angle of investigation procedure,investigation procedure value realization ways(values,principles,rules),find the value of the investigation procedure of various kinds of bias,eventually find a good way for decreasing the occurrence of criminal misjudged cases in China.This paper is divided into six chapters,which are as follows:The first chapter introduction.The introduction mainly focuses on two problems: first,the research background and significance of criminal error in China.China's criminal error frequency,its harmfulness has already been exposed.Therefore,it is urgent to reduce the occurrence of criminal wrong cases in our country.In addition,criminal error can not be completely avoided,we only have to find a good strategy to reduce the occurrence of criminal error in our country,this is the theoretical premise for our study of criminal error prevention and relief;Second,the domestic and foreign research status of criminal error.The author mainly introduces the current research status of domestic scholars and the research status of foreign and Anglo-American legal systems and civil law countries,so as to find good research experience from domestic and foreign research.The second chapter the definition of criminal error.The theory of the concept of criminal error in our country is different.The author mainly from three angles to our country's criminal error case.First,the general identification standard of criminal wrong case.In this part,the author briefly introduces the general theory of the concept of criminal error in China.Second,criminal wrong case of the proposition erroneous zone.This part of the author briefly introduces several types of errors in the criminal cases in our country,and makes clear the concept of the criminal error in our country.Third,I have seen the criminal wrong case.The author mainly points out two points: one is to limit the scope of criminal cases in China,and the other is to make clear the criminal error of the research.The third chapter deviation of the value of the investigation procedure.This part mainly introduces the theoretical definition of the deviation of detection procedure value.First,our country's criminal error and investigation procedure match.By referring to the research of the scholars on the criminal wrong case,the criminal error and the investigation procedure are naturally linked;Second,the detection procedure value and the detection procedure value choice.This part of the wind is mainly to explain the investigation procedure value deviation to do the theoretical foundation;Thirdly,the theoretical definition of the deviation of detection procedure value.Through the theoretical foundation of the previous two sections,the author finalizes the theoretical connotation of the value of investigation procedure in China.The fourth chapter the deviation of the value of the investigation procedure and the occurrence of criminal error in our country.The author mainly introduces the deviation of the value of the investigation procedure in China,and it plays an important role in promoting the occurrence of criminal wrong cases in China.Specifically: it is simply introduced the deviation of the value of investigation procedure in our country,including the legislative value of deviation and investigation procedure of investigation procedure of law enforcement bias,investigation procedure value deviation can be further divided into investigation procedure of the legislative value rules of principle error and bias.The author makes a simple classification of the deviation of the value of the detection program from the perspective of the value realization of the investigation procedure.The second is to introduce the deviation of the value of the investigation procedure in detail,which indicates that the existence of all kinds of deviation of the value of the investigation procedure greatly increases the possibility of criminal error in our country.This is also the important cause of the criminal error in our country,and the author puts forward some measures to reduce the crime in our country.The fifth chapter corrects the deviation of the value of the investigation procedure,and reduces the occurrence of criminal error in our country.In the fourth chapter,the author puts forward some measures to reduce the criminal error in our country.It needs to be pointed out that the correction of the value of the detection procedure is only a limited correction,which is one of the reasons why the criminal error in China can only be reduced to a maximum extent.In addition,the author mainly introduces the deviation of the value of several kinds of investigation procedure,and does not enumerate the deviation of the value of the investigation program in China.However,in this paper,the categories of investigation procedure value deviation is the main deviation in the investigation procedure in our country,for these deviation correction can maximum limit deviation of value of investigation procedure in our country,reduce the occurrence of criminal misjudged cases in our country.The sixth of chapter conclusion.In this part,the author briefly reviews the thoughts of this article and sums up the important contents of the previous chapters.
Keywords/Search Tags:criminal error, The value of the investigation procedure, Legislative bias, Law enforcement bias
PDF Full Text Request
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