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Studies On Fraud Crimes In The Trade Of Cultural Relics

Posted on:2021-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:S H ZhangFull Text:PDF
GTID:2416330623476639Subject:Law
Abstract/Summary:PDF Full Text Request
As the threshold for incrimination lowers down and the crime rate is on the rise,the judiciary work is confronted with more and more pressure.Nowadays,heavy case load and shortage of worker have become the new normal in judiciary work.Therefore,a judiciary reform is urgently needed to have more refined categorization to cases so as to facilitate a more reasonable allocation of judiciary resource.Under this background,to handle with the huge workload in criminal justice,the judiciary authorities start to explore a path to classify criminal cases.They would classify some minor criminal cases to the brief case category,to which brief trial would be applied,so as to realize appropriate allocation of judiciary resources.The appearance of criminal case fast ruling procedure is of great importance to alleviate criminal ruling pressure,as it has relatively short duration and higher rate of pronouncement compared to other procedure.More precisely,it facilitates just and fast handling of minor criminal cases while conserves judiciary resources for complicated cases.From another perspective,it protects justice,one of the most fundamental values in law.However,with the criminal case fast ruling procedure widely used,problems will come.This article is aimed to study the difficulties that criminal case fast ruling procedure is facing and propose relative solutions in the hope of contributing to a better use of fast ruling procedure.This article would be divided into four sections.The first section gives us a brief introduction of concepts and features of criminal case fast ruling procedure.It would help us acquire a deeper understanding for the realization of fast ruling procedures through academic analysis and research.The second section mainly discuss the status quo of criminal case fast ruling procedure and its dilemma in judiciary practice.Through summing up the experience of the pilot work and the current situation of legislation,we can affirm the achievements in the judicial practice.After that,we mainly focus on analyzing the difficulties faced by the criminal quick adjudication procedure in the judicial practice.The third part focuses onforeign regulations that provides reference for criminal case fast ruling procedure in our country.It would point out the strengths of foreign regulation to help complement criminal case fast ruling procedure in our country.The fourth section is consisted of counter measures to difficulties mentioned in the third section,such as endowing the accuse limited right of appellation,constructing confession inspection scheme and so on to realize the deep development of the program.In this way,the procedure can develop in depth and breadth.Due to the urgent need of the judiciary practice to this procedure,the procedure should continue to be complemented.Besides,the authority should refer to good experience of other countries to construct a criminal case fast ruling procedure with Chinese characteristics.This task is particularly important because it will not only realize further integration of judiciary resource,but also boost the construction of Chinese appellation procedure.They are of profound influence for the construction of a modern country ruled by law.
Keywords/Search Tags:Criminal Case Fast Ruling Procedure, Admit guilt and accept punishment, Efficiency of Litigation
PDF Full Text Request
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