Dissertation > Excellent graduate degree dissertation topics show

The Introduction of the Principle of Proportionality in China’s Criminal Coercive Measures

Author: LiChangZhu
Tutor: LiWeiDong
School: Inner Mongolia University
Course: Procedural Law
Keywords: The principle of proportionality Criminal coercive measures Protection of human rights The course of justice
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 198
Quote: 1
Read: Download Dissertation

Abstract


From the police in the German law principle of proportionality, the highest guiding principle of the field of public law. With the development of society, the principle of proportionality theory has been well developed, and gradually spread to other areas in the field of administrative law. The principle of proportionality stressed the relationship between ends and means, its essence is to regulate national properly exercise their rights in order to maintain social order, the protection of human rights, and strike a balance between the objectives and measures. The principle of proportionality is widely used in the field of criminal justice, especially criminal enforcement measures, has been common practice in modern countries. Criminal Coercive Measures can see by comparison with other countries and regions, the gap between the principle of proportionality. This article is based on the introduction of the principle of proportionality, necessity and feasibility analysis of the coercive measures, the principle of proportionality in the system of criminal coercive measures to build recommendations. The article is divided into four chapters: the first full account of the meaning and function of the principle of proportionality, and development, as well as the theoretical basis. Press pass is divided into three sub-principles: the principle of appropriateness, the principle of necessity, the narrow principle of proportionality, the principle of proportionality. Its function is reflected in two aspects: to maximize the protection of civil rights and the exercise of public authority constitutes restraint. From the German police law principle of proportionality, and subsequently in civil law and common law systems have developed. The theoretical basis of the principle of proportionality is mainly reflected in three aspects: the national principles of the rule of law, the protection of fundamental rights principles and the principles of fairness and justice. Second chapter discusses the principle of proportionality applicable in criminal coercive measures from the appropriate principle, the principle of necessity and the principle of proportionality in the narrow sense. First, France, Germany, China, Macau, and international literature, for example, investigate the appropriateness of the application of the principle, by comparison, come to our country in the gap between the legislative and judicial practice; second section describes the meaning of the principle of necessity, with Macau comparisons of China's coercive measures, Japan, France, the comparisons of the lack of criminal coercive measures; Finally, explore the narrow sense, the principle of proportionality in criminal compulsory measures applicable to countries such as Austria, Germany, Japan and China in the narrow sense The lack of the principle of proportionality. The third chapter analyzes the necessity and feasibility of the introduction of the principle of proportionality in China's coercive measures. Reflect the course of justice in order to better protect the rights of citizens to carry out the criminal policy of combining punishment with leniency, it is necessary to introduce the principle of proportionality. Constitution trend of the growing importance of the protection of human rights in China as well as the protection of the rights of the criminal proceedings social environment and legal environment for the introduction of the principle of proportionality. Through the above analysis concluded our criminal coercive measures should be introduced to the principle of proportionality. Chapter IV of coercive measures in the construction of the principle of proportionality learn the theory, and extraterritorial advanced achievements on the basis of recommendations from the basic principles of coercive measures, standardize the existing system, to establish a supporting system analysis.

Related Dissertations

  1. The Pertaining to Crime Person’s Physical Examination System Study,D925.2
  2. The context of human rights protection to carry out the prosecution 's theory Issues of Public Interest Litigation,D925
  3. Protection of Human Rights from the Perspective of Criminal Reconciliation System Issues,D925.2
  4. On the personal information protection the BOC regime boundaries,D922.1
  5. On the Necessity Test of GATS Domestic Regulation,D996.1
  6. Constitutional Analysis of Legislation on Gambling,D922.14
  7. Study of Mandatory Norms and Contract Effectiveness,D923.6
  8. Analysis with the principle of proportionality set of administrative penalties DUI,D922.14
  9. Beijing \,D922.1
  10. Definition of Public Interest,D922.3
  11. Legal effect of administrative reconciliation,D922.1
  12. Some Thoughts reasonable explanation penalties,D924
  13. Program reform and improvement of the Crimes Investigation,D925.2
  14. By the Limitation of Criminal Coercive Measures System’s Consummation of Our Country,D925.2
  15. Study on the Protection of Citizens’ Right to Personal Liberty in the Operation of Administrative Emergency Power,D922.1
  16. On the principle of proportionality Regulating Police Rights,D922.14
  17. Legal Thinking \,D920.4
  18. The Legitimacy of the Administrative Permission,D922.1
  19. The Improvement of Protecting Journalistic Inter Viewright,D922.16
  20. On Judicial Review of the Criminal Investigation,D925.2
  21. The Study on the System of Bail Pending with Restricted Liberty of Moving in China,D925.2

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