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The Constructions of Non-prosecution of Additional Conditions of China

Author: GaoZuo
Tutor: HuangXinMin
School: Central China Normal University
Course: Procedural Law
Keywords: Conditional non-prosecution Discretion System Construction
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 141
Quote: 1
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Abstract


Conditional non-prosecution system has been considerable development in foreign countries , however , due to the lack of appropriate legislative provisions by the system in our country , cause there was a huge controversy in the judicial practice . With conditions not to prosecute the connotation of the system analysis , examine of extraterritorial legislative and judicial practice situation for our reference . Construction of the conditional non-prosecution system envisaged on the basis of a comprehensive analysis of argumentation . The text is divided into five parts : The first part of the analysis with conditions not to prosecute the connotation , mainly with conditions not to prosecute the concept , characteristics and related concepts distinguish compared Intro system . The second part focuses on introduction the extraterritorial conditional non-prosecution system the status of legislation and judicial practice , legislative and judicial practice , including Germany, Japan , the United States and China's Taiwan region , the reasonable part of the draw . The third part introduces the conditional theoretical basis of the prosecution system . Mainly from changes in the purpose of punishment , the rise of restorative justice , the prosecution of the Doctrine of litigation economic point of view on conditional non-prosecution system is able to generate a theoretical basis . The fourth part of the main argument Construction of the attached conditions not to prosecute the necessity and feasibility of the system . Introduces today 's scholars of the conditions attached to the possibility of our application system not to prosecute the theoretical debate , and put forward their point of view . After two aspects to demonstrate the system established in our country , on the one hand demonstrates the need for the system established in our country , other hand demonstrated establish the feasibility of the system in our country . Fifth part focuses on the Construction of the conditions attached to the idea of the system is not to prosecute . First, the analysis of the Construction of the attached conditions not to prosecute the application of the system object on the Construction of the conditions attached to the non - prosecution system operating procedures , and finally , the proposal of building our country with conditions not to prosecute the constraints of the system and supporting mechanisms .

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