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The indictable discretion rational rules

Author: ZengShiHong
Tutor: LiuMei
School: China University of Political Science
Course: Procedural Law
Keywords: Indictment discretion Rational rules Common law Civil law Prosecution of the legal doctrine Prosecution doctrine of Comparative Law Abuse of power The process of building Prosecution
CLC: D915.3
Type: Master's thesis
Year: 2005
Downloads: 183
Quote: 2
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Abstract


With the development of China's criminal justice system, the prosecution on indictment discretion plays an increasingly important role, establish and perfect the the indictable discretion rational rules also become an important task in the process of China's socialist legal system. Only by establishing a sound, rational public prosecution discretion rules, in order to give full play to the positive role of the public prosecution discretion, to avoid the occurrence of abuse of power and corruption. In this paper, through the analysis, comparison and verification, on indictable discretion rational rules demonstration and construct made forward on the road of the future development of the Public Prosecution discretion. This paper is divided into seven chapters: Chapter I: basic connotation. Sort out the meaning and nature of the right of public prosecution, the prosecution discretion, correct understanding of the fundamental value of the target indictable discretion, recognizing the the indictable discretion manifestations, in-depth analysis of the legal basis by the Public Prosecution discretion. Chapter II: the indictable discretion different modes - comparative law study. Summarizes the civil law and common law are two different indictable discretion mode, the civil law is summarized is strictly indictable discretion, common law outlines for unrestricted public prosecution discretion. Finally, the prosecution discretion mode induction: the prosecution of statutory and prosecution of the doctrine of binary pattern of coexistence. Chapter III: the basic elements of the public prosecution discretion. This chapter the indictable discretion rational rules summarized the main body of from the indictment discretion exercised, conditions, legal consequences, and due process in terms of substantive and procedural rules of an indictable discretion detail. Chapter 4: indictable discretion rights protection mechanism. This chapter summarizes the indictable discretion exercise program should be established to protect the legitimate rights and interests of the parties to the basic system: avoidance system, the system of the right to representation and the right to defense and the right to petition and from the right to appeal system. Chapter V: mechanism of supervision of an indictable discretion. Without the power of supervision can lead to abuse of power. Therefore, this chapter of foreign indictable discretion of supervision and restraint mechanism to research, summed up China's legislative supervision and control of the relevant provisions of the Public Prosecution discretion powers of supervision and social supervision supplementary supervision mechanism and external constraints. Chapter VI: the indictable discretion rational rules build in doubt. This chapter questioned the legitimacy and rationality of the legislation and judicial practice in some indictable exercise discretion. Chapter 7: China's prosecutors indictable discretion of the future direction of its response. This chapter made the prospect of Prosecutors indictable discretion trends, and the trend should put forward three reform advocates.

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