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On the Judicial Realization for Innocent of Doubtful Crime

Author: LiGuiQin
Tutor: ZuoChunLei
School: Jilin University
Course: Legal
Keywords: Suspected Crime The Conflict Realization of justice
CLC: D925.2
Type: Master's thesis
Year: 2007
Downloads: 358
Quote: 3
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Abstract


Suspected crimes are discussed in recent years from the unprincipled more a principle of criminal proceedings , the process of its establishment , has been accompanied by endless controversy. Although there is no doubt of the Criminal Procedure Law as innocent of direct representation , but also in the form of provisions affirmed its legal status. I believe that the suspected crime refers to criminal proceedings, the judicial proceedings in the statutory deadline for the suspect, the defendant's conduct may constitute a crime , although the evidence to support it , but the whole case is indeed evidence that has not yet reached full the degree of reasonable doubt can not be completely ruled out suspense state. Suspected crime is affected by a variety of subjective and objective factors, is in the process of criminal proceedings objective phenomenon , can not be evaded ; correctly identify suspected offense under the Criminal Procedure Law to take the standard of proof from the facts are clear, there is ample evidence for the opposite defined. The Principles of the crime suspect through a long process of evolution , modern criminal proceedings conferred suspected crimes from nowhere off the only correct choice. The Conflict and the presumption of innocence , enabling the defendant , doubtful favor of the defendant , the crime suspect but light is closely linked to the principle of reciprocity , to correctly distinguish and be correctly identified. Investigation, prosecution and trial of links, the Conflict has different manifestations of the investigation stage to dismiss the case , the prosecution phase for the decision not to prosecute , was acquitted in the trial phase of criminal procedural law clearly defined . Never suspected crimes trial stage is the application of the principles of the last link , which ultimately also depends on improving the system of criminal evidence , rigorous re- trial proceedings and a reasonable draw a series of supporting plea bargaining system is established and implemented. Doubtful from unprincipled judicial implementation is a manifestation of judicial civilization , but also the urgent need to protect the interests of justice .

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