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Discretionary system of not to prosecute research

Author: HuangJianYong
Tutor: WangChangShui
School: Zhengzhou University
Course: Procedural Law
Keywords: Discretionary not to prosecute Prosecution of cheap - Leninism Theoretical basis of System improvement
CLC: D925.2
Type: Master's thesis
Year: 2007
Downloads: 229
Quote: 3
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Abstract

The discretion of to The not to prosecute system is the the the an important an integral part of the of of in the the criminal proceedings, its discretion to make of our country system of not to prosecute no matter, in the Legislative the provisions of or in the judicial practice are there is a imperfections were deemed temporary. Therefore, the author try to forward to working proceed In from the to the discretion of with regard to the not to prosecute some of of the system basic theory, historical origins of, the Discretionary of the the world's major countries not to prosecute the basic content of of the system, and and so on on research, tries to derive to to find the the bit by bit to beneficial to perfect the discretion of the our country the non-prosecution of regime of the a knowledge-. The full text is divided into the four-part. The first part of I'm sorry v. the right to discretion, discretionary on the concept of and Theoretical Basis on of not to prosecute and and other aspects carried out a preliminary analysis of study. I believe that: the discretion of to not to prosecute is refers to to the procuratorial organs Having in accordance with the law examination, believes that criminal suspects person's criminal behavior the circumstances are minor do not need to sentenced to in compliance with the provisions of the Criminal Law, to under criminal punishment or an exemption of criminal punishment has, do not will criminal suspects al. V. deposit the court to carried out the trial, thereby decided to terminate the criminal the litigation activities of of the litigation. The discretion of not to prosecute the the the generation of of the system, the development of in the the in the legal history is a kind of an inevitable phenomenon, has a a profound theoretical basis. The the limited nature of and experience of the importance of of the rational is the discretion of to the not to prosecute the the philosophy of of the system the basis of. The cheap-Leninism, litigation economic and the public interests of is to Discretionary the the legal basis of of the system of not to prosecute. Second part of the mainly introduces the the the discretion of the our country not to prosecute the the the the origin of of the system and the Historical overview. China has a profound legal of the ancient and cultural origins: \the our country's not to prosecute system has a a far-reaching impact on. The end of the Qing Dynasty, the Qing government follow the example of the Western countries, the establishment of the the procuratorial system of China's. Prior to the establishment of of new China, the from the the the the Agrarian Revolutionary to the the During the war of liberation, the Communist Party of China the comparison accurately carrying out of the be treated differently, divide and disintegrate, of punishing the few, to fight for the the majority, turn negative factors into the the criminal policy of the positive factors, repeatedly emphasized the to adhere to less to kill, a is strictly prohibited chaotic beating and killing without, adhere to the the \This be treated differently, that the collapse of the criminal policies are selected and differentiation, to become the the China the discretion of system of not to prosecute emergence and development of the theoretical basis of. Immunity from prosecution system is China \The third part mainly the discretion of the countries to not to prosecute the of the Introduction and the comparative of the system. Mainly introduces the the its discretion to make of the the United Kingdom, the United States, Germany, Japan and the South Korea and other countries not to prosecute system. Two legal systems countries in the the aspects of of the discretion of system of not to prosecute Although the the there are some differences, also showing a the trend of of consistency. We must not only to see the the difference that exists between the in the two legal systems, more should pay attention to the the convergence of between the the two. Etc. conform to the historical to the prevailing trends, boldly learn the the the advanced experience of and practices of the abroad, and combined with the China's national conditions, whichever is long while the abandon the of their short, there are conducive to building a the suitable for the the completeness of of the of China's legislative tradition and judicial the status quo rather scientific its discretion to make the non-prosecution of regime. The fourth part the discretion of the our country not to prosecute the of the present Situation and Perfection of the system. Of the chapter mainly analyzed the The our country the discretion of not to prosecute deficiencies in the system, and put forward some of superficial the recommendations of: will public interests as the Discretionary with not to prosecute the guidance of principles; and to expand discretionary not to prosecute the the scope of; cancel the \v. cases incidental civil action to make relevant provisions of the; establish and gradually improve system of reprieve prosecution; the establishment of not to prosecute the system of public hearings, and and so on on. The the author expect the the the above-mentioned efforts to be able to sound structrure that will serve to the the discretion of the our country not to prosecute the Perfecting the System of. The author Xue-sparse before shallow, I would urge experts, scholars Fu Zheng.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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