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Criminal structure studies

Author: XiePeiZhi
Tutor: XieYouPing
School: Fudan University
Course: Legal
Keywords: Criminal structure Purposes of criminal proceedings Criminal structure classification Improve the structure of the criminal proceedings
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 94
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Abstract


Criminal structure is one of the basic categories of Criminal theory, its basic meaning is determined by certain litigation purposes, established by the Code of Criminal Procedure, litigation as well as the indictment, defense and referee tripartite Criminal legal status and relationship. Criminal structure running criminal proceedings based on a country's criminal litigation system is the most direct, most specifically, the most comprehensive manifestation. Criminal structure of a country is a scientific, rational, directly determine the quality and efficiency of the combination between the country's legal framework and running posture, as well as state power and individual rights, and embodies the democratization and popularization of public authority intervention in the social life degree for litigation democracy, civilization plays a key role. Start from the basic theory of the structure of the criminal litigation, to be overall grasp the structure of the criminal proceedings through the analysis of the relationship between the meaning of the structure of the criminal proceedings, the theoretical study of the structure of the context of criminal proceedings, as well as the Criminal structure and purpose of criminal proceedings, from a macro perspective, Criminal TELEOLOGY repositioned for the \On this basis, the author examines the structure of the Criminal History Analysis of the structural characteristics of the different types of litigation, revealed the structural evolution of the Criminal History motivation and theoretical origins. Next, I turned to the perspective of the country, the the existing Criminal structure with three modern type of litigation structure comparison and analysis, summarize the the type attribute Department of Criminal structure a Power of main adversary the auxiliary hybrid litigation, both Chinese characteristics, structure, and the specific characteristics of the structure of such proceedings. Finally, I reflect on the limitations of our existing Criminal structure to identify the gap between the international standards of criminal justice discourse establish the importance of the correct constructor philosophy on improving the structure of China's Criminal then asked the real key to the implementation of these basic building concept is to establish and perfect a series of specific systems and rules, such as the presumption of innocence, the right to silence, the judicial review of the defense system, victims' rights protection, the rules of evidence, etc.. Only in the double protection under the guidance of the concept and implementation of systems to improve real our Criminal structure, so as to effectively play the function and value of the Criminal structure, provides theoretical support for the democratic and civilized criminal proceedings.

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