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Criminal proceedings filing procedures

Author: DongLaiYang
Tutor: MaJinBao
School: Guangdong College of Commerce
Course: Procedural Law
Keywords: Criminal suit Filing procedures Perfect
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 103
Quote: 0
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Abstract


Criminal procedure Criminal Procedure filed a separate lawsuit in the stage of criminal activity in the whole has a very important position. Perspective on the current legislation , the filing process is not only the investigative behavior of startup programs , but also the criminal proceedings start the program. Therefore , the filing system design and actual program itself directly influences the Criminal Justice values ​​and goals. Judicial Practice has proved that the basic filing procedures played a screening and examination of the case and procedural diversion function , to achieve the protection of human rights in the fight against crime and criminal justice values ​​. However, with the continuous progress of the rule of law , the filing process also revealed some deficiencies in the system and practical issues , which affects its proper institutional function of the play. Filing procedures for our country , you should examine the extraterritorial criminal proceedings based on the start-up mode , combined with China 's national conditions and the judicial status of research , you can find there are still relatively reasonable filing procedures and the need for improvement in order to further improve our proposed technique Filing Procedure improvement programs . Specifically, the paper is divided into four parts: The first chapter studies the filing of criminal procedure of the basic theory . Mainly on the filing process and its relationship with the concept of discrimination related concepts , nature, function and significance of filing procedures are discussed . The second chapter of our problems and initiate procedures to analyze the causes discussed. Problems of filing procedure is divided into legislative deficiencies and practical issues , and problems from the concepts , systems and implementation of three causes. The third chapter of extraterritorial criminal startup mode to conduct investigations. Mainly representative of common law and civil law countries, comparing patterns in criminal proceedings , so as to improve our program provides filing into the road . Chapter IV presents improve our filing process improvement programs . First affirmed the necessity of a complete filing procedures followed for the Perfection of filing proceedings for specific ideas , the main is to improve the conditions placed on the establishment of \filing procedures supporting measures.

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