Dissertation > Excellent graduate degree dissertation topics show

On the principle of proportionality in criminal proceedings

Author: LiKai
Tutor: BianJianLin
School: China University of Political Science
Course: Procedural Law
Keywords: The principle of proportionality Criminal Limit the power Protection of human rights
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 166
Quote: 0
Read: Download Dissertation

Abstract


Proportion (| ¨) ltnis Verh (a) means that the co-ordination and harmony trend. With the continuous improvement of modern society the rule of law, this origin in the 19th century, the German police law term, access to multi-party recognition and attention. The field of law today is widely applicable to the principle of proportionality, purpose is to regulate the state power to protect the rights of the people seek to maximize the balance between achieving justice. The principle of proportionality in criminal proceedings is also true, and the values ??embodied in the pursuit of a more clear and thorough. Criminal procedure implies a dual task - to punish the crime and the protection of human rights. Respect, to protect the human rights of the person being prosecuted is to achieve equality in the proceedings, the judiciary needs through the proportion of prevention of wanton expansion of power, \I thus designed to expand the application space of the criminal proceedings, the principle of proportionality, and implementing the principles in a real office, in order to promote the theoretical research and guide practice. The full text is divided into five chapters. The first chapter, the historical origins of the principle of proportionality, the basic meaning and function limitations. The first is to introduce the principle of proportionality with the modern rule of law before the course of development from the basic level. Then discusses the basic meaning of the principle, I agree with third-order theory, the principle of proportionality contains the proper principles of necessity and narrow principle of proportionality. Section III to the argument and split on the way to explore the principle of functional limitations. System defects understandable, but if the make up to fill, you can not deny its positive significance. Chapter II, the positioning of the principle of proportionality in the law applicable level. This chapter discuss the positioning of the principle of proportionality in the level of constitutional, administrative, criminal law, to solve the principle is the exclusive field of administrative law, or should be elevated to public law, a high degree and thus applied to other areas of dispute. The third chapter, the value of the principle of proportionality applicable in criminal proceedings. The value of the restriction on prosecution powers, the protection of human rights, maintenance of procedural justice, for the main legislative discretion and judicial discretion through the creation of checks and balances included in the scope of the study. Compare inspection in the fourth chapter, finishing Germany, the United States criminal litigation involving the terms of the principle of proportionality, and respect from the custody exception to the fundamental rights of, restrict the extent of the \principles of induction. Chapter 5, the principle of proportionality and Criminal Procedure. The first section by way Analysis of current situation of the domestic criminal procedural legislation although the ratio of the proportion of the spirit but no provisions introduced to the reader, the legislation clearly the direction of reform to lay the foreshadowing. Section II of the need to examine the principle of proportionality established in our criminal procedure from the criminal policy of combining punishment with leniency. Building a harmonious society need to temper justice with mercy in criminal policy, criminal policy of combining punishment with leniency requires the principle of proportionality. Section III, the principle of proportionality in various stages of the proceedings. The content architecture, including investigation, prosecution, trial and execution of four links. The investigation stage is concerned about the coercive measures, the prosecution stage refer to the \In summary, the idea of ??proportionality, it is by virtue of its unique positive connotation, in criminal proceedings play the standard role of the trade-offs, the principle of proportionality has even more restrictions on power to the interests of justice and protection of human rights to ensure that procedural justice combine organic . This valuable guidance for the current Code of Criminal Procedure to modify not only the significance, but also more in line with the aims and objectives of building a harmonious society.

Related Dissertations

  1. Drunkenness of crime study,D917
  2. Media Culture and Crime psychological research,G206
  3. The definition and punishment of Unit Crime,D924.1
  4. On the criminal reconciliation system,D925.2
  5. On the relationship between civil and criminal possession of Perspective,D924
  6. On the Legislative Defects and Perfection of tax evasion,D924.3
  7. Hearsay Rule,D925.2
  8. Regulation of criminal violations of the security of personal information,D924
  9. Theory and Reality of elderly crime,D924
  10. Study on Perfection of the Criminal Summary Procedure,D925.2
  11. Study on Age for Criminal Responsibility,D924.1
  12. Perspective of Criminal Reconciliation of comprehensive system of relative,D925.2
  13. Criminal law protection of intellectual property trade,D924.3
  14. Attorney General for Criminal Reconciliation System,D925.2
  15. Conduct virtual property infringement Criminal Regulation,D924.3
  16. The Judicial Practice and System Construction of Victim-Offender Reconciliation in China,D925.2
  17. Research on the Crime of Breach of Trust,D914
  18. Conflict and Solution to Criminal Policies and Criminal Laws in China,D924
  19. The Construction of Security Measure System Concerned with Personal Freedom in China,D924
  20. The Research on Legal Liability of Non-governmental Financing,D922.28
  21. Research of Proof of Criminal Defendant,D925.2

CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
© 2012 www.DissertationTopic.Net  Mobile