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On China 's procuratorial organs choice of the right to sue

Author: XuZhen
Tutor: HongDaoDe
School: China University of Political Science
Course: Procedural Law
Keywords: Prosecution of the doctrine of Select the right to sue Deferred Prosecution
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 61
Quote: 0
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Abstract


With the popularity of individual criminal policy of decriminalization light punishment and penalties as well as improve the effectiveness of the proceedings , the original implementation of the civil law countries, strict prosecution of the legal doctrine gradually will sue the doctrine of reasonable kernel introduced into the domestic criminal prosecution system to start to give and gradually expand the discretion of the national procuratorial organs in the prosecution of this issue , this article is temporarily called to choose the right to sue . Procuratorial organs in China legislation did not choose the right to sue , but later in the judicial practice of China 's procuratorial organs created to exempt from prosecution system , the first time in 1956 by the Legislative recognized , exempt from prosecution can be said to choose to prosecute a , is a discretion of the prosecution in the prosecution on this issue , but a lot of problems in the legal and practical , so to modify the Code of Criminal Procedure of the legislature in 1996 put its abolition replaced by the system is now commonly referred to at the discretion not to prosecute . But after ten years of judicial practice , at the discretion not to prosecute the system there are a lot of problems , for example , legislative provisions are too abstract and principles , procedures, opaque , and many other problems , in practice , prosecutors rarely be applied , resulting in the prosecutors did not fully play the exercise of the right to choose to prosecute the case diversion . With the growing contradictions of the severe shortage of resources of our criminal justice and crime continued to rise , the right to sue is imperative to expand the choice of the procuratorial organs . Prosecutor to select the right to sue for the object of study, its theoretical basis and its research in the development of the world on the basis of comparative analysis of domestic and foreign prosecutors the right to sue to explore China 's procuratorial organs Select the right to sue how to improve .

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