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A Study on "Handled as a Separate Case"of Co-treatment of Crime

Author: YiWeiJun
Tutor: ShenJunGui
School: Xiangtan University
Course: Procedural Law
Keywords: Criminal Handled separately Research
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 77
Quote: 0
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Abstract


Handled separately \At the same time affect the substantive rights and procedural rights of the parties involved , including evidence of the use of , the applicable law , the conviction and sentencing , but also affect the cases of aging and judicial management activities . But the existing legal provisions of this more general lack of theoretical research . This paper attempts to departure from the judicial status quo , to explore the causes handled separately , in theory to analyze the shortcomings , and improve handled separately mechanism to put forward their own ideas . The paper is divided into the following four sections discuss : Chapter co- crimes handled separately defined . This chapter, a brief discussion on the concept of co- crime , common crime co- Crime and the current Penal Code comparison ; Next start handled separately from the statistical observation Overview handled separately in the investigation , prosecution , trial stage of the case , analysis dealt with some of the points in the judicial practice , and to find out the characteristics handled separately , and then propose the definition of handled separately . Analysis of the value of the second chapter handled separately . Aspects of the analysis of the reality of the needs of this chapter under the jurisdiction of the protection of the rights of the case from the special main problem of justice , summed up the main reason for its pursuit of value handled separately , and to lay the foundation for further theoretical analysis . Problem Chapter handled separately . This chapter theoretically analyze the existing problems in the applicable handled separately , and that its existence does not comply with existing laws , justice and the protection of the rights and procedures , litigation Economic several aspects of analysis of the existing problems in the existing mechanism handled separately . The Chapter handled separately mechanism perfect . On the basis of the analysis of the problem earlier in this chapter , the author of some ideas to improve handled separately mechanism . Improve laws , establish and improve various judicial authorities handled separately procedures and internal oversight and restraint mechanisms , and proposed the establishment of a unified database to provide a basis for the internal supervision and external supervision , so handled separately run standardized procedures and supervision of all aspects to prevent the phenomenon of judicial corruption .

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