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With conditions not to prosecute the System
Author: LiChengBo
Tutor: LiuMei
School: China University of Political Science
Course: Procedural Law
Keywords: Conditional non-prosecution Theoretical basis Necessity Feasibility Legal Construction
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 347
Quote: 1
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Abstract
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The continuous development of criminal justice practice in today's world to promote their quality of criminal justice theory , with conditions not to prosecute as the embodiment of an emerging development trends of the new era of national criminal justice system , and in foreign countries the judiciary is in the ascendant in recent years, also of Attorney sector to introduce and gradually applied to the judicial practice . This paper attempts on the interpretation of this system in order to reveal the conditions attached not to prosecute the legitimacy of the system , rationality , and the value contained in the comprehensive analysis of research on the basis of author boldly put forward the idea of conditional non-prosecution system established in our country This paper is divided into four chapters : Chapter Overview section . Mainly through the conditional meaning of the prosecution system , the analysis of the characteristics and related concepts Discrimination , comprehensive introduction to this system. The second chapter introduces the conditional non-prosecution system outside the legislative and judicial conditions , including Germany, Japan, the United States , United Kingdom, of Macao region , the relevant legislative provisions and the implementation in practice , in order to facilitate the country to learn from the rational part . The third chapter is the theoretical basis of the conditional non-prosecution system and a few need to solve theoretical problems . The legitimacy and reasonableness of conditional non-prosecution system is discussed from the perspective of the change of the purpose of punishment , penalty compromise era of the criminal policy of the polarization and the rise of restorative justice . Then, for the practice of conditional non-prosecution questioning of the system point of view , I also try to made ??a response. The fourth is to build China 's conditional non-prosecution system . This is the focus of this article chapter , the author first discusses with conditions not to prosecute the necessity and feasibility of the system established in our country , then attach a condition not to prosecute the legislative requirements of the system established in our country to make their own bold vision .
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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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