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The criminal indictment behavior research

Author: CuiYuBin
Tutor: HaoAiJun
School: Taiyuan University of Science and Technology
Course: Procedural Law
Keywords: Criminal Indictment Conduct of litigation Establishment of the Elements Effectiveness
CLC: D915.3
Type: Master's thesis
Year: 2010
Downloads: 29
Quote: 0
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Abstract


The right to criminal prosecution should be from the point of view of the criminal indictment behavior regulation. First of all, to for criminal indictment behavior set the Essential Elements The criminal indictment of the establishment of the behavior of elements , including the generally established requirements and in particular the establishment of elements . General establishment of two elements : the main elements and behavioral elements . In particular the establishment of three elements : First , the meaning , the second is Elements of an indictable criminal indictment instruments . Second, the criminal indictment behavior once they meet the established requirements , they presumed to be valid , unless subsequent negates the established elements of the case . In summary, the effectiveness of the criminal indictment behavior including three aspects : First, constitute and promote the development of Criminal Procedure , to promote the occurrence of criminal legal relations , development , promote litigation entity formed . The effectiveness of the behavior of individual criminal indictment for its content varies. Finally, negates criminal prosecution the behavior established elements of the case once verified , it should be declared criminal indictment invalid . The criminal indictment behavior inactive for absolute and relative distinction . Absolutely null and void has been established criminal indictment of behavior does not produce the effect on the procedural law , but it may produce other legal effectiveness . Relatively ineffective means the criminal indictment behavior does not occur on the effectiveness of the expected procedural law , but there could be other procedural law on the effectiveness of the situation . Identified criminal indictment invalid , it should be adhering to the following three principles : fundamental limitations shall not violate the criminal indictment of the basic system , shall not violate the basic purpose of the criminal indictment rights , shall not violate the rights of criminal indictment . Criminal indictment behavior is considered relatively ineffective , it can be cured because of the criminal prosecution body from the behavior and relative party's conduct . The criminal indictment behavior has been identified as absolutely null and void and of no effect occurs , the consequences of the program and the consequences .

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