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Criminal appeal Relationship of criminal jurisdiction

Author: HuiXiuJuan
Tutor: TanQingDe
School: Qingdao University
Course: Procedural Law
Keywords: criminal litigious right criminal judicial authority unbalance countermeasures
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 101
Quote: 0
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Abstract


Looking at the history of theory research on litigious right, we can easily find that the theory research on litigious right would be patent of civil litigation research. But, the correlation from Civil Procedure Law and Criminal Procedure Law comes, theory on litigious right also being able to become one of basic theory in the Criminal Procedure Law. When we lead into theory on litigious right, it can restrict the space and range to the criminal judicial authority and bring the restraint effect into play on criminal litigious right to criminal judicial authority.Criminal litigious right is a premise and basis that the criminal suit carries out. Simultaneously, it is an important driving force that the criminal suit starts, develop and end. But, criminal judicial authority belongs to public authority as National jurisdictions. It is the basis and backing that the court exercise power. Criminal litigious right and criminal judicial authority are unified with every criminal suit. Their relationship how to locate and exercise be one important criterion for the perfection to measure a country litigation system. Currently, there is an imbalance between them, for example, criminal litigious right can not lead the trial process, and there is a structural defect in theory and the legal system and so on. We only have to address these issues and emphasize the idea on protecting the litigious right. Only in this way, we can really straighten out the relationship between the criminal litigious right and criminal judicial authority.This paper is divided into four parts. The first part is to analyze the feasibility it introduce the civil litigation theory in the criminal field; the second part is to introduce the basic theory of the criminal litigious right; the third part is to expound the basic theory of the criminal judicial authority; the forth part is to probe the relationship between the criminal litigious right and criminal judicial authority which include their current situation, problems and countermeasures.

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