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China's Non Prosecution System Improvement Research

Posted on:2018-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:J Y ChenFull Text:PDF
GTID:2416330542983925Subject:Law in Practice
Abstract/Summary:PDF Full Text Request
China's discretionary non-prosecution system has been established for more than 20 years,the system is exempted from the cancellation of the prosecution system is a major development of China's criminal procedure system.After a period of judicial practice,the existence of some problems in the system has become increasingly prominent,such as the law is not scientific,not specific,the public prosecution internal examination system is obsolete,the complexity of the approval mechanism and so on,resulting in discretionary system and the purpose of the system Not unreasonable.In this regard,the author takes the relevant theory of discretionary non-prosecution system as a guide to collect the material and data in judicial practice,and analyzes it seriously.It tries to make an empirical study and research on the related problems of the system,and put forward the reform and improvement of the system Suggest.This paper is divided into four parts.The second part of the discretionary nonprosecution system from the concept,content,characteristics,role and other aspects of a comprehensive overview of the discretion of the system of non-prosecution of the legitimacy and superiority;the second part of the discretionary system of the theoretical basis,The third part of the system of discretionary and non-prosecution system in the system design level,the judicial practice of the situation to study and find out the drawbacks of the system;the first part of the system is not the same;In part,the author puts forward some suggestions on how to improve the prosecution system and the measures of judicial reform.
Keywords/Search Tags:Discretionary Non–prosecution, Prosecute cheap doctrine, Human rights protection
PDF Full Text Request
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