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Analysis On The Range Of Product Liability Compensation

Posted on:2019-07-27Degree:MasterType:Thesis
Country:ChinaCandidate:M LouFull Text:PDF
GTID:2416330590456365Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The residential surveillance is a system with Chinese characteristics,Its embryonic form was born about five years after the founding of the People's Republic of China.It has been retained because of its remarkable results.Other countries merely provide similar system.In the process of practicing,the author noticed that the system is mostly used in corruption and bribery,and other crimes are rarely applied.The system actually lacks supervision mechanisms in the process of application because the suspects are forced to take measures outside the detention center,which has a certain degree of randomness in specific operation.This article consists of three parts.The first part is an overview of the system.It horizontally elaborates on the connotation of the system and its unique characteristics and the historical background of the system.It mainly contrasts the system with other criminal enforcement measures in the longitudinal comparison and the relationship and Its position in the code of criminal procedure.The second part mainly proposed the problems of the system at the level of legislation and practice.It mainly included in the legal theory.The current operation of the monitoring of residential measures has unclear functional positioning,poor practical operation,unclear deadlines and a series of issues.In practice,the residential surveillance system actually running in the five years,there are still a series of problems such as low application rate,high judicial costs,violation of the human rights of the monitored occupants,and disguised custody and extended custody.The third part mainly proposes perfect suggestions on the problems existing in the second part,mainly including firstly changing the concept problem at the legislative level,and secondarily by enacting legislation to perfect the principle provisions and judicial supervision that the system lacks;on the practical level,the author mainly recommends that to strengthen the construction of the police forces to ensure the necessary police numerical strength for the system,set up special designated residences to the residential surveillance sites,prevent the arbitrariness in the system of operation,and finally perfect the implementation of the system to prevent it from turning into custody.Through the analysis of the historical background of the residential surveillance system and the comparative analysis of it and other enforcement measures,this article,using comprehensive analytic approach to expound that,looks forward to contributing to promote the maturity of the system.The author believes that since the system still exists and reasonable used,which can make the code of criminal procedure play its role of “punishing the crime and safeguarding human rights”,advancing judicial progress and building build a socialism harmonious society.
Keywords/Search Tags:Coercive Measures, Surveillance of Residential, Judicial Supervision, Respect and Safeguard Human Rights
PDF Full Text Request
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