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The Causes and Management of Judicial Nonfeasance in Criminal Proceedings

Author: LiPeng
Tutor: ZhangShan
School: Central South University
Course: Legal
Keywords: criminal proceedings judicial nonfeasance administration of justice state compensation
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 30
Quote: 0
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Abstract


Judicial nonfeasance in criminal proceedings is the phenomena that the courts, the procuratorates and the public security departments which shall bear the liability of criminal procedure in accordance with the law, along with their agents who shall fulfill the functions of investigating, inspecting or judging, should have actively performed t heir obligations, but they fail to make any moves of judicial activities according to corresponding procedures. Compared with other judicial activities, judicial nonfeasance in criminal proceedings has convert, negative and procedural characteristics and it is represented in different forms. The factors causing judicial nonfeasance in criminal proceedings are multiple, such as judicial subjects, procedure establishment, and mechanism of supervision and sanctions.Drawing on experiences of other countries in dealing with judicial nonfeasance in criminal proceedings, it is advised that the way of strengthening the administration of justice shall be adopted in controlling the same phenomena in China. The measures for administration of justice can be taken from macro level, referring to the disposition of judicial powers as state power, to middle level mainly concluding lawsuit system and procedures, to micro level involving the management of relevant factors in lawsuit such as judicial subjects, the defendant in criminal offence and the criminal suspect. It is also a must to improve the sanctions and perfect the compensation system of judicial nonfeasance in criminal proceedings,.Based on these, concrete steps against the judicial nonfeasance in criminal proceedings are put forward.

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