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

On Deficiencies and Improvement of the Restriction Mechanism of Non-prosecution in Our Country

Author HuangLiJie
Tutor ChenJianQing
School Guangdong College of Commerce
Course Procedural Law
Keywords Not to prosecute Control mechanism Judicial constraints Judicial Review Victim Is not to prosecute people People Supervisor
CLC D925.2
Type Master's thesis
Year 2010
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China's current control mechanism does not prosecute the legislative and institutional settings and there exist many omissions , so as not to prosecute and restraint mechanisms run in practice , there are many drawbacks. This paper describes an overview of non-prosecution and restraint mechanisms , from Germany and Japan to seek legislation and practice worthy of reference and inspiration of experience and practice , and not to prosecute the control mechanism of the current situation assessment, that the control mechanism of non-prosecution defects thus on how to further improve the mechanism of non-prosecution constraints suggestions . The thesis consists of an introduction, content , conclusion of three parts , a total of four chapters. Chapter overview not to prosecute and restraint mechanisms , primarily defined precisely the concept of non-prosecution and restraint mechanisms , analyze and summarize the characteristics of non-prosecution and restraint mechanisms , clear and demonstrated no legal basis for prosecution and restraint mechanisms , and finally clarify the control mechanism of non-prosecution value . Chapter II Germany and Japan not to prosecute Restraint Mechanism Comparison and Revelation , the main focus in our country not to prosecute the perfect control mechanism , from Germany and Japan to seek legislation and practice worthy of reference and inspiration of experience and practice . Chapter III of the status of non-prosecution and restraint mechanisms and defects , mainly on the analysis of the status of non-prosecution and restraint mechanisms , the prosecution pointed out that China's current restraining mechanism does not exist the following shortcomings : the public security organs severely restricting malpractice ; prosecutors lack of internal constraints ; People's Court constraints with little success ; was not to prosecute people relief fatigue ; victims relief difficult practical ; restricting people's supervisors mechanism defects. Chapter IV of the perfect control mechanism not to prosecute , the previous text content , based on the whole not to prosecute the perfect control mechanism discussed in detail . Improve the mechanism of non-prosecution constraints specific measures include : improving the internal control mechanism prosecutors ; perfect victim restriction mechanism ; perfect the mechanism of restricting people's supervisors .

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