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Talk about the Principal of Opportunity

Author: BaoHaiMing
Tutor: HuChangLong
School: Shandong University
Course: In-service law
Keywords: Proscutor The Principal of Opportunity Free discretion
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 38
Quote: 0
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Abstract


After the modern public proscution came into being, The Principle of Legality changed into The Principle of Opportunity becomes a trend in the world’s Criminal Proceedings. The principal of Criminal Proscution went from the monism of Principle of Legality to dualism of Co-Existing of Principle of Legality and The Principle of Opportunity. In criminal proceedings, the two issuses play a important role in it. The author tries to make a whole theoretical defination and reasonable anlysis. The author makes an investigation of The Principle of Opportunity abroad, elabrotes The Principle of Opportunity in Chinese criminal legislation and in judicial system,and gives us some advices of the perfection and rebuilding of The principal of Opportunity in China. In author’s oppnion, The principal of Opportunity in China is manifested in the Relative Nonproscution only, its application is very limited. In the real suit, The Principal of Opportunity is only an appendix to The Priciple of Legality. Enlarging the application of The Principal of Opportunity and granting the proscutors more power of free discretion and developing the system of Nonproscution in China have an immense significance in combating the crime, realizing the judicial just,and protecting the social harmony. Enlarging the application of The Principal of Opportunity needs making a breakthough in the legislation and judicial system.Meanwhile, it also needs that the perfection of related system of supervision, standlizition of the free discrtion of proscutors to keep the power from abusing.

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