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The procuratorial organs duties crimes preliminary investigation system

Author: XueTao
Tutor: GongFuWen
School: Northwestern University
Course: Law
Keywords: the procuratorial organs denotation crimes
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 134
Quote: 0
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Abstract


Jobbery crime denotation prauratorial organ system is the product of practice. Long-term practice has proved that the denotation of the duty crime in criminal prosecution for careful startup procedure, protect lawful rights and interests of citizens and saves judicial resources plays a very important role. But because the criminal procedure law concerning duty crime in the denotation of the system, make corresponding duty crime denotation in theory, practice is controversial, limit. Therefore, the system of duty crime system thoroughly studied and discussed, not only to ensure and promote the healthy development of anti-corruption work has important realistic meaning, but also helps to promote our country’s criminal procedure of further perfecting the legislation.This chapter four points of duty crime denotation system discussed:The first chapter mainly from the history, reality and legal position on three different crimes denotation of institutional reasons were analyzed systematically, at the same time, and with the development of The Times of this system ZongXian formation and development process of systematically.The second chapter basically set from many perspectives on duty crime system for the necessity of the thorough analysis and discussion, namely the denotation of the existing system of duty crime is based on human rights and the duty crime in examination arrested level, right healthy masses supervision mechanism and the implementation of the new law. Because of the existence of rational may be more powerful, want to confirm this from the legislation on the necessity of the system, the system must first argument to the necessity of existence.The third chapter focuses on the nature of the crime and the denotation of the current system of duty crime denotation main defects were systematically analyzed. To confirm this from the legislation to provide important support system, establish the system analyzed the necessity of nature is a basic work must be. But its properties are analyzed, and the system for the main defects in detail, also nots allow to ignore. Only the nature of the crime of denotation has a clear definition and understanding, to give an accurate denotation of duty crime; the positioning system, Only found the denotation of the system’s main duty crime, can be defect from the legislation and practice to perfect this system provides clear direction.This is the fourth chapter of the final selection is analyzed through above foothold, the final conclusion. Major duty crime is the basic principle, the denotation of the system and perfecting legislation of three big, expounds the system to improve the shallow. Of course, the author put forward CaiShuXueJian, because of the opinion and the suggestion does not necessarily completely correct and feasible. So, if given to a view to play a valuable role is good.

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