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Research On The Coordination Of Judicial Interpretation Of Accomplice

Posted on:2021-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:J Q JiangFull Text:PDF
GTID:2416330602477165Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the development of society,when new problems continue to emerge in judicial practice,the previous relatively coordinated relationship will be broken again.At this time,a higher level of coordination relationship is required to replace it,thereby forming a new and higher level of coordination relationship.Because not only the criminal law legislation needs coordinated development,but judicial interpretation must also pay attention to coordinated development in order to achieve the goal of harmonious and unified legal and social effects.However,looking at judicial interpretations in recent years,some accomplices' judicial interpretations have internal relations,and the accomplice's judicial interpretations have been imbalanced in the system and content of judicial interpretations;in external relations,they have fallen short of legislative law,criminal law,and other departmental laws.There have also been disorders.Therefore,in the current judicial interpretation of accomplices,from the perspective of mutual coordination between the judicial interpretation of criminal law and the provisions of judicial interpretation,the norms of criminal law,and the theory of criminal accomplices,this paper analyzes the specific manifestations of the current misconduct in judicial interpretation of accomplices,and explores its inconsistent.The reason.Based on the criminal law and judicial practice of our country,this paper discusses the theoretical and practical problems faced by the current judicial interpretation of accomplices,and then puts forward some suggestions for the coordination of judicial interpretation of accomplices.The full text is divided into three parts:introduction,body and conclusion.The main text discusses the performance,cause analysis,and ways of coordination of accomplice's judicial interpretation in turn.The article takes the imbalanced accomplice interpretation as the research object,analyzes the manifestation of the imbalance through the imbalance between the accomplice's judicial interpretation and the internal and external aspects,and then analyzes the causes of this imbalance.In order to make the judicial interpretation better play its due guiding role,this article intends to explore the issues explored in this article.The article mainly proposes a path for the coordination of judicial interpretations of accomplices from the internal and external aspects:First,it examines the authority of judicial interpretations and examines the interpretation of accomplices.The content and the terms of standardizing judicial interpretation strengthen the internal coordination of accomplice interpretation.The second is to strengthen the external coordination of accomplice interpretation from the two perspectives of the legislature's timely exercise of legislative power and the coordination between judicial interpretation and departmental law.
Keywords/Search Tags:accomplice, judicial interpretation, coordinate
PDF Full Text Request
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