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Harmonious Society for Refusing to Execute the Crime of Adjudication

Author: WangJianHong
Tutor: LiuXiaoLi
School: Northeast Normal University
Course: Criminal Law
Keywords: Harmonious Society Refused to Execute the Crime Judicial Harmony Implementation of Harmony
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 33
Quote: 0
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Abstract


Building a socialist harmonious society is a systematic project, the need for the effective cooperation, the judiciary is to build a socialist harmonious society, security forces. The purpose is to achieve harmony of justice and judicial activities, the effect of judicial harmony, harmony Justice Building is an integral part of building a harmonious society. Harmonious implementation of justice is an important part of building a harmonious, so harmonious implementation of harmony between justice and harmonious society Progressive layers, the final inclusion into the construction of harmonious society. Crime is the refusal of execution of the ruling People’s Court, ruled that the ability to execute but refuses, serious behavior. Refused to execute the crime of setting reflecting the state for the implementation of security of tenure, is the harmonious implementation of and harmonious judicial response. China 1979, "Criminal Law" and the existing "Criminal Law" are made against the refusal of execution the provisions of the crime, while criminal law of most countries in the world also set the refusal of execution crime.Identify mechanisms and recourse from the point of view, the crime of harmony for refusing enforcement of factors including: the lack of crimes committed by units; criminal target is not clear enough. Set the lack of actual prosecution of the main operational; difficult to guarantee neutrality of the court, contrary to the presumption of innocence; litigation model of a single. Accordingly, several aspects can be improved from the following: increase in crimes committed by units; clear target of a crime; additional qualification penalty; enhance the dominant position of prosecution, the jurisdiction of the implementation of remote. Furthermore, in order to achieve the crime prosecution refused to perform the process of judicial harmony, there is a need to strengthen the judiciary, and strengthening the court enforcement of institution-building, the achievement of organizational harmony. Pre-set penalties before the court procedures; state-based prosecution, the parties, supplemented by private prosecution. Refused to execute the crime of the starting point is to achieve justice for harmony, social harmony, the ultimate goal remains the judicial harmony, social harmony.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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