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Study on Criminal Retrial Starting Procedure

Author: WuHaiYun
Tutor: LouBoKun
School: Zhejiang Technology and Business University
Course: Procedural Law
Keywords: Criminal suit Criminal Retrial Procedure The retrial Start program
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 96
Quote: 0
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Abstract


Criminal retrial procedure is effective judgment meets the legitimacy and legality of the requirements to re-examine, reflect the activities of the fundamental purpose of the pursuit of criminal proceedings. Judicial reform process in China, the reform of the criminal retrial procedure the relationship maintenance an important measure of the fundamental human rights and protect the dignity of the law. Criminal retrial procedure start the program, but also reflects an important symbol of the Criminal Retrial Procedure soundness. Criminal retrial start the program as an important part of the criminal retrial procedure itself has a relatively complete system, with independent elements, which mainly include the statutory basis for criminal retrial starts the main criminal retrial started Criminal Retrial starts restrictions criminal retrial start period. Since the promulgation of the Code of Criminal Procedure in 1996, despite the great changes in the concept of criminal proceedings (mainly reflected in the program and the protection of human rights of the defendant's attention), but the Criminal Procedure Law of the criminal retrial procedure requirement does not reflect the update of the concept, there are more problems: lack of parties, in particular, was sentenced to the protection of the human rights of the terms of reference of the color is too strong; system design, mainly by the People's Court, People's Procuratorate to start criminal Retrial Procedure; criminal retrial to start the provisions of the elements that are too broad and general, and the lack of necessity limited, it is difficult to reflect the criminal retrial procedure as a \Based on the above problems, in this article, the author criminal retrial start the program mainly on the point, first proceed from the emergence and development of the criminal retrial start the program, from a historical perspective to examine the generation of the criminal retrial start the program, the development of today's criminal the retrial start a program of reform to provide experience and inspiration. The second part elaborates the main content of the criminal retrial start the program, including key elements for further analysis of the criminal retrial start the program. On this basis, to a comparative perspective, drawing on the relevant provisions of the criminal retrial start the program for the world's major representative countries, compared with the Criminal Retrial start the program concept and main elements, in order to clearly understand our criminal the shortcomings and deficiencies of the retrial to start the program status and compared with other countries, and through the analysis of other countries to find the road to reform of the Criminal Retrial start the program. Finally, the combination of today's world criminal retrial procedure development trend of China's judicial status quo, criminal retrial procedure, especially the criminal retrial start the program in the country's reform suggestions. Generally speaking, perfect in three main areas: The first is to improve the Criminal Retrial start the program concept, the development of a clear direction of the criminal retrial start the program; followed by the various elements that improve the criminal retrial start the program, such as criminal retrial to start the main to start the grounds, start restrictions; perfect the relevant systems and measures (mainly for the second trial and the execution of punishment) to further strengthen the reform of the criminal retrial start the program. That this not only deepen the theoretical concept of criminal retrial to start the program, a more practical point of view from the legislative, judicial actively explore solutions to the Criminal Retrial start the program there is a problem.

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