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On Perfecting the Procedure of Criminal Case

Author: LiChunSheng
Tutor: ZhangFuQiang
School: South China University of Technology
Course: Legal
Keywords: Public security organs Criminal case procedures System Reconstruction
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 98
Quote: 0
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Abstract


Criminal Criminal Procedure filing procedures as an important component of the system is to handle all criminal cases a necessary program, which includes the public security organs, prosecution, courts were filing criminal cases under the jurisdiction of the program, this article is limited to the public security organs of the criminal case procedures. Police Criminal filing procedure refers to public security organs in accordance with the Criminal Investigation Department, Criminal Procedure Code provisions on criminal jurisdiction and cases, for their discovery of the facts of the crime, the suspect objects, clues and the admissibility of crime reporting, complaints, reports and other aspects of material surrendered be reviewed to determine whether the facts of the crime and criminal responsibility, to determine whether the investigation into the activities of the program. Investigation into the program based startup mode startup mode and random-type boot mode, filing of criminal procedure is a legal requirement on the program type boot mode. In my country, the opening of a criminal case as a criminal investigation, the intention of the legislator filing procedure is designed well, achieved through the process of examination and supervision of the case and filtering, split function, can effectively protect citizens' rights and the efficient allocation of investigative resources. However, our current reality does not initiate procedures designed to achieve the original intention of the legislator, the presence of functional alienation, filing program is executed on the virtual set and rigid. To solve the problem of rigid criminal case, in subsequent legislation established a preliminary investigation, but the preliminary investigation of the establishment and execution of view, and can not solve the problems of criminal filing. For the criminal case studies in the criminal case if only the program (investigation initiator mode) for small-scale, small environment to do research, will be caught in the plight of the leopard Glimpse. Criminal case procedures should be placed throughout the criminal proceedings to study, zoom in to the legal environment to study, in order to distinguish between the whole and the individual; study of the current system, the system also need to generate ideas for research, to find origin, and thus understand the East-West differences in institutional and legal systems of the installed base. This thesis is divided into four chapters, the first chapter is written in the theoretical basis of the criminal filing procedure, introduced the concept of criminal case procedures, functions and legislative intention; Chapter criminal case is written in the actual operation of the program in the country and found that criminal filing procedures in the operation of a series of serious problems. Chapter III wrote some foreign national criminal filing procedure model to analyze the advanced experience of foreign countries. The fourth chapter is written in improving our criminal filing procedures specific measures, including the public security organs, the legislature has implemented the reconstruction effort and my idea for the system.

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