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Research On The Examination Of The Case Filing Process System

Posted on:2021-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y SongFull Text:PDF
GTID:2416330611490434Subject:Science of Law
Abstract/Summary:PDF Full Text Request
As the first stage of criminal procedure,case filing is a necessary procedure for all cases to enter criminal procedure.The examination of the case filing process system is the key to judge whether the case can enter criminal procedure.The examination of the case filing process system is important for punishing crimes and protecting human rights.But the provisions of criminal procedure law on the examination of the case filing process system are cursory,which are not operable.Therefore,it cannot play the role of prosecuting crimes accurately and ensuring that innocent people are not prosecuted.For the above reasons,it is necessary to conduct an in-depth study on the examination of the case filing process system to make it more scientific and reasonable.This article is divided into four parts,as follows:The first part is an overview of the examination of the case filing process system.First,the paper explains the concept and content of the examination of the case filing process system.Second,the paper introduces that there are two review methods in practice,dynamic review and written review.Finally,the paper introduces the examination of the case filing process system's significance of criminal procedure and social security.The second part introduces the theoretical basis of the examination of the case filing process system.The examination of the case filing process system is a requirement of multiple criminal litigation theories.This part explains the status of the examination of the case filing process system in criminal procedure by explaining the theory.The third part analyzes the shortcomings of the examination of the case filing process system.On the one hand,due to the lack of specific provisions in the Criminal Procedure Law,the legitimacy of the means used by the examination of the case filing process and the clues collected by the examination of the case filing process is disputed,the lack of supervision and inappropriate standards have caused a lot of trouble.In judicial practice,the examination of the case filing process system is often confused with investigation,which makes it unable to play its due role.The fourth part is the improvement of the examination of the case filing process system.There are four aspects of improving the examination of the case filing process system.One is to clearly define the method and content of the examination of the case filing process system by law;the second is to reduce the standards for review;the third is joining the negative review conditions;the fourth is to establish the supervision system,the relief system and improve theperformance appraisal system.
Keywords/Search Tags:criminal prosecution, the examination of the case filing, preliminary investigation, reform and improvement
PDF Full Text Request
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