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On the Perfection of Criminal Complaint

Author: GuHui
Tutor: LiWeiDong
School: Inner Mongolia University
Course: Legal
Keywords: Criminal procedure Appeal Retrial Conception
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 57
Quote: 0
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Abstract


The present criminal appeal system is our country criminal prosecution system’s important component. In corrects and in the surveillance criminal case process, to promotes the judicature to be fair and the protection of human right aspect has played the positive historical role. But because receives the lawsuit understanding in the limitation as well as the lawsuit other condition limit, the effective referee inevitable will present the mistake, will display in the error of law, the error of fact and the procedure unfair and so on aspects. Once the wrong referee occurs, the mental injury which with difficulty will create to the litigant will recall the loss which and is unable to make up. For maximum limit avoids being concerned the artificial Judicial organ to undertake wrong referee’s consequence this kind of unfair phenomenon, can let the litigant have the opportunity to express the enter charges against the reason, defends own legitimate rights and interests, must establish a reasonable relief system in the criminal prosecution, this system is the criminal appeal system.Our country’s criminal appeal system, as a result of various aspects’reason, in the legislation also careful the insufficiently consummation, causes the judicial practice operation not to be entirely as desired, this system proper function and the legislative original intention full have not displayed effectively. This will become effective to the People’s court criminal trial’s stability, the national penalty power to realize as well as to protect litigant’s legitimate rights and interests fairly to have the negative effect. Therefore, how to consummate our country’s criminal appeal system, in the lawsuit theory and the judicial practice is one item important and the complex question.This article through to the criminal appeal basic content’s research and to our country criminal activity appeal system present situation’s inspection, searches our country criminal activity appeal in the system stratification plane insufficiency and the flaw. Unifies our country existing national condition, attempts through the following three chapters to propose that consummates conception of our country criminal activity appeal system.The first chapter:Criminal appeal system outline. This part from the legal principle theory of law angle to the criminal activity appealed emphatically the system conducts the basic research, the introduction criminal activity appeal concept and the nature, the exposition criminal activity appeal value and the function.The second chapter:Our country criminal activity appeal system’s present situation. This part emphatically from legislative, the judicial practice stratification plane and the system safeguard stratification plane analyzes our country existing criminal activity appeal system, from aspects and so on appeal main body, appeal jurisdiction, appeal reason, appeal effectiveness analyzes the existence the flaw and the malpractice, and searches behind the criminal appeal system malpractice’s root.The third chapter:Consummates our country criminal activity appeal system. This part mainly aims at our country criminal activity appeal system’s present situation, proposed that consummates this system’s certain tentative plans, as consummates take the chart and reforms our country’s criminal activity to appeal that the system provides the reference, enables this system to play the major role under the current legal environment.

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