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Criminal avoidance system defects and perfection Approaches of

Author: ZhangJinHua
Tutor: GuoZhiZuo
School: China University of Political Science
Course: Legal
Keywords: Criminal suit Avoid Defect Perfect
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 206
Quote: 0
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Abstract


The rapid development of society, avoidance system embodied in the spirit of democracy is gradually externalized into people's legal awareness among which the implication of \Throughout the world's major countries, almost regarded as criminal proceedings avoidance system an important system in its law practice. Because avoidance system for the protection of justice has a very important role. By comparing visits, comprehensive analysis and other research methods, in retrospect criminal avoidance system in ancient China, the world's major national criminal investigation challenge system to study criminal domestic scholars point challenge system, based on the analysis of the existing criminal avoidance system defects and for the improvement of our criminal avoidance system, make a few recommendations to avoid our criminal system to the greatest degree of play its due role. This paper is divided into three modules: The first module is an introduction: This article describes in the introduction of criminal origin challenge system, principles, role and profile of our criminal avoidance system second module is the text chapters: the first from the definitions and functional analysis of both criminal avoidance system value. In terms of definition, this paper introduces three more representative academic definition and advantages and disadvantages of the various definitions were analyzed on the basis put forward their own definition of criminal avoidance system. In terms of functionality, I believe that the main function of the criminal avoidance system are: the elimination of both parties do not trust the results of the referee psychological limitations investigators irrational factors in human nature, to ensure equality of both parties against the judicial environment, with procedural fairness to safeguard substantive justice. Chapter II from the Tang, Song, Yuan, Ming and Qing dynasties introduced several criminal avoidance system in ancient China the origin and development, and to analyze the function of criminal avoidance system in ancient China can not be fully realized the reason. The third chapter avoidance programs, objects, introduces the subject of three representative countries in the world criminal avoidance system. The fourth chapter analyzes the shortcomings of the current challenge system, and put forward suggestions for improvement. As follows: First, avoid the procedure is not reasonable. Should be avoided to inform the right time, to avoid applicants, avoiding those three aspects of the decision to perfect. Second, avoid the object is not comprehensive enough. Should inquest or examination, law enforcement officers into the avoidance of the object. Third, the avoidance of the subject matter of the fallback provision statement is wrong. It should be changed to \Fourth, avoid the realization of the lack of effective protection. Investigators should establish information disclosure system, and serious violations of sanctions avoidance system personnel. The third module is the conclusion: Conclusion This article summarizes the general point of view, and the development of our criminal avoidance system raised hope.

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