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Empirical Study On The Implementation Of The Principle Of "Follow Suspected Crimes Without Principle" In The Process Of Examination And Prosecution

Posted on:2020-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:J LuFull Text:PDF
GTID:2416330590481989Subject:Law
Abstract/Summary:PDF Full Text Request
Not to Sue system especially the question not to Sue is criminal legislation to implement suspected crimes out of nothing important system design,the safeguard human rights idea,is also the procuratorial organ to carry out the trial centered criminal lawsuit system reform required,the constitution of legal supervision legal responsibilities of the important methods,however,the judicial practice level system has yet to play a proper role.Based on this background,further theoretical research and practical argumentation are needed for the procuratorial organs to implement the principle of "no crime in doubt" in the process of examination and prosecution and to make better use of the non-prosecution system.In yinchuan procuratorial organs to deal with the question not to prosecute the case as the research object,by 2016 to 2018,the question not to prosecute,withdraw the prosecution,not guilty based on the data of case,the procuratorial organs in the examination and prosecution link through the implementation of the value of "suspected crimes from nothing" principle,from the public prosecutor,the procuratorial organs,outside factors,different dimensions such as the legislative level analysis of procuratorial organ in the link fails to carry out examination and prosecution shall be "suspected crime from nothing" principle.From changing prosecution law enforcement concept,build a benign interaction relations of defendant,correctly handle independently exercise procuratorial authority according to law relationship and accept supervision according to law,set up scientific evaluation system,give full play to the role of the prosecutors case,director of the organization put forward proposed targeted countermeasures and Suggestions,in order to procuratorial organs transformation law enforcement idea,to better implement the link of examination and prosecution shall be "suspected crime from nothing" principle,and literally doubt not to Sue system the function of preventing wrongs in the pretrial procedure,to ensure fair and justice.
Keywords/Search Tags:no prosecution in doubt, rights protection, law enforcement philosophy, chief prosecutor
PDF Full Text Request
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