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Discretion of Criminal Justice

Author: LiYan
Tutor: ZhenShuQing
School: Hebei University
Course: Procedural Law
Keywords: Discretion of the judge Discretion in Criminal Justice Range Principle Regulation
CLC: D915.3
Type: Master's thesis
Year: 2009
Downloads: 83
Quote: 0
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Abstract


Discretion of the judge is in the court of the specific process, in order to achieve the purpose of justice and safeguard judicial justice , the judge has a certain degree of autonomy to interpret the law , freedom of applicable laws, discretionary decision-making powers . Criminal judicial discretion because its essential character as a sound judicial system, a significant symbol . Discretion of the judge in the criminal law expressly provides to performance. Theorists the existence of the criminal justice discretion controversial, and scholars of criminal judges discretion rarely discussed . The author of our criminal legal system to study and learn from foreign -related legal system , hoping to improve our criminal judge discretion. This paper is divided into four parts , the text of about 35,000 words . The first part , an overview . At the discretion of the judge on the basis of conceptual analysis criminal judge summed up the concept of discretion , and its characteristics are summarized , as discussed below limits . The second part , about the criminal scope of judicial discretion . Criminal judge 's exercise of discretion is the scope of its legal provisions . This article clearly pointed out in this section of the criminal judicial discretion in the scope of criminal proceedings . The third part describes the exercise of judicial discretion in criminal principles . The exercise of judicial discretion is not without limits , in this section discusses the Criminal Justice Discretion should follow the seven principles . The fourth part of the discussion on the discretion of the judge of the criminal conduct appropriate regulatory approach. By way of summary of foreign regulation on domestic regulation method of reflection , to illustrate the Perfection of Criminal Justice Discretion regulation approach.

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