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On Surrender Expanding

Posted on:2007-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:H Y ChenFull Text:PDF
GTID:2166360185480841Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Our government signed International Covenant on Civil and Political Rights in 1998.The covenant stipulates definitely the civil rights that not to be forced into self-incrimination, namely right of silence.The right of silence being carried in our country will bring important influence to the criminal legislation and judicatory. How to raise the merits and avoid the shorts? That is the actual subject should be solved as soon as possible before us. In the criminal process, we can unify the two cases that protecting the lawful rights and interests of criminal suspects and defendants, allowing us exert silence right and improving the benefit of litigation. We think surrender system can do that. Because many defects and lacks exist in our surrender system, so we need to perfect the surrender system more . At the same time, we should expand the surrender system.The text is established in our actual surrender system. We think that surrender expanding means enlarging the content of surrender and relaxing the condition to expand explain of our surrender system. Surrender expanding has it's own theory basis and demenstract basis.There are important actual meanings to expand our surrender system.The article discusses the question of expanding about common surrender, quasi-surrender and special surrender in the principal part. Because of the particularity of criminal negligence and unit crime ,we can't bring them to the basic surrender style. So the article discusses it solely.In the end, the article summarizes the problem of surrender expanding from criminal legislation and judicial interpretation. Moreover, the article figures that surrender expanding does not mean expanding without any limit. The surrender expanding must be based on the nature of surrender system and practical needs. We must avoid to expand the surrender system arbitrarily.
Keywords/Search Tags:surrender, surrender expanding, common surrender, quasi-surrender, special surrender
PDF Full Text Request
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