Dissertation > Excellent graduate degree dissertation topics show

On Retrial of Criminal Proceedings

Author: MaiMiao
Tutor: XuJingCun
School: Southwest University of Political Science
Course: Procedural Law
Keywords: Criminal retrial procedure Protection of human rights Fair Legislative proposals
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 127
Quote: 0
Read: Download Dissertation

Abstract


In modern society based on the rule of law, the court trial to come into force the referee, is the authoritative judgment of the state disputes. Only on the basis of the special provisions of the law, in order to start the retrial of a valid judgment. Through the design of such a system, in order to limit state power and the protection of human rights and the administration of justice that has its proper credibility. The criminal litigation system settings, as far as possible through the procedures and referee results declared to the defendant and the victim, and even the general public have been cases of \In order to meet the pursuit of the stability of this law, the legal limit as much as possible for the entry into force of the case go to trial again, but also to protect the defendant will not be long-term in a state of unrest, this is the basic requirement of the rule of law. Criminal retrial procedure is re-trial proceedings, a court of a definite error referee takes legal effect according to its special procedure to correct a miscarriage of justice cases. Criminal retrial procedure as a criminal justice last line of defense, its running state is directly related to the stability of the entry into force of the People's Court referee, the fairness of the implementation of the national power of punishment, but also related to the protection of the legitimate rights and interests of the litigants. However, when the trial of cases to the wrong method of stability and fairness of the law conflict, need to do this in the value of the trade-off between the two. Current Chapter V of the Code of Criminal Procedure provides for the procedure for trial supervision, but the start of the program rely solely on general lack of interoperability, \Legislators criminal retrial procedure established under the guiding ideology of \today's concept of rule of law and judicial practice, there is a fierce conflict. The text is divided into seven parts, about 50,000 words. The introductory part of the question of reform of the the retrial program start, and the idea of ??this writing. The first part discussed the start of the program and the need for criminal retrial. Discusses the origin and meaning of the domestic and foreign criminal retrial procedure by specific epistemology, the judicial status quo, the program needs, and policies and regulations and the need to start the analysis of criminal retrial procedure. The second part of the analysis of criminal retrial procedure start value concept and its tension. This paper argues that the procedures set should reflect the value of the course of justice, protection of human rights and discusses our existing mistakes must be corrected, \The third part of the draw on the extra-territorial provisions of the Code of Criminal Procedure retrial procedure. Reason to focus on the distinction between the standard of value the protection of human rights and the protection of social and public interests of the two modes, as well as analysis of the main body of the program's start in countries retrial, and in accordance with the factual grounds, procedural reasons and the legalistic grounds discusses start, concluded States to start retrial commonality program. The fourth part of the start of the current situation of China's criminal retrial procedure inadequate. Mainly through the judicial practice of the research and a summary of the data, the case from the complainant difficult to start the emphasis on two aspects of the national interest analysis. The fifth part, the start of retrial procedure reconstructed. The Guangdong experience first introduced, and summarize the successful experience of the region on the basis of mode through the legislative provisions to build the start of the retrial procedure, discussed the the retrial procedure starts legislative concept, the main reasons for setting three questions. Conclusion hope to seriously improve the the retrial program started.

Related Dissertations

  1. Accelerate Establishment of the Legal System of China’s Oil Reserves,D922.67
  2. Take Fairness Seriously,D923
  3. Personal Income Tax Reform Based on the Income Distribution,F812.42
  4. The Analysis on System of Elimination of the Record of Minor Previous Crime,D924.1
  5. Commissioned by the administrative penalty system research,D922.1
  6. Protection and Relief to the Rights of the Prosecuted,D925.2
  7. Agent Right of Household Affairs,D923.9
  8. Shanghai World Expo , \,F713.8
  9. Real estate mortgages and other rules of priority conflict,D923
  10. Market Research of Shanxi-Chahar-Hebei Border Region,K265
  11. Human Rights Guarantee of the Suspect in Investigation Stage,D925.2
  12. Recarch on Criminal Retrial Procedure,D925.2
  13. The Study on the Effectiveness and Applied Economic Consequence of the Fair Value Measurement,F233
  14. Fair Accommodation Management System Design and Application,TP311.52
  15. Research on Sampling Algorithm for Traffic Measurement Based on Fairness Mechanism,TP393.06
  16. Value of folk sports fitness,G812.4
  17. Study on the Evolvement of Social Fairness Ideas Since China’s Reform and Open Policy,D61
  18. Globalization and the Development of Constitution,D911
  19. On the Space Authority of Earth,D923.2
  20. On China’s Copyright Protection of Computer Software,D923.41
  21. On the Chinese Internet copyright fair use,D923.41

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