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On the Selective Determination in Criminal Law

Author: ZhangXueFeng
Tutor: ZhangChengMin
School: Suzhou University
Course: Procedural Law
Keywords: Choose one finds The presumption of innocence Zuiyiweiqing Lapping of Legal Provisions Legal interests
CLC: D915.3
Type: Master's thesis
Year: 2008
Downloads: 38
Quote: 1
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Alternatively identified , also known as select OK , select Branch off Select judgment , is one of quite a number of controversial issues in criminal law , it is clear , but the facts are not clear in the guilt referee tendencies case how a system designed referee in German criminal law for more than a century , and later introduced in Japan , it is because there are in fact, with the value and legitimacy , so only the criminal law on the place . But for the discussion of alternative identified is still not deep enough , no similar precedents seemingly minor , but scholars treatise can see alternative identified , but it relates to the presumption of innocence , the crime suspect the only light Coincidence of Articles even presumed , etc. , but also precisely because of its extremely broad issues involved to get it over a hundred years is still controversial , but also highlights the difficulty of its application . To correct understanding and application of this system , we must clarify these issues , otherwise applicable Optional One finds good at breaking the tool may be reduced to the Crime and Punishment . Also only in depth study identified either with these problems , and to be able to understand the essence of the alternative identified , and thus as a basis for further system design their specific application .

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