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Research On The Perfection Of Legal Agence System For Minor Prosecutoris In China

Posted on:2021-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:J X DaiFull Text:PDF
GTID:2416330611452701Subject:Procedural Law
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The Legal agency system for Minor prosecutoris an important cornerstone for protecting the legal rights and interests of minors.In the process of litigation,legal agents participate as solid defenders of the rights and interests of minor prosecutors and play an important role.Judging from the current status of our country's legislation,criminal-related laws have made various designs for the legal agency system of minor prosecutors,and have paid attention to the value of this system.However,the provisions of the entire criminal law on the legal agency system are scattered and messy,and the legislative technicality and written normativeness are sloppy and not rigorous enough.Many places that should be clearly defined,such as the scope of the underage prosecutors who are being prosecuted,and situations of agency conflict There are gaps and loopholes in the effectiveness of agency behavior.At the same time,the legal representation system for juvenile prosecutors is a legal derivative of the guardianship system in the civil field,and its content in the Criminal Procedure Law is imbalanced with the civil procedure law.To a certain extent,the function of this system has been restricted to function effectively and fully.The emergence of the above-mentioned problems is largely due to the ambiguity of the legislative provisions.Re-examining and reflecting on this system,and then perfecting the legislation,is one of the ways to protect the rights and interests of juveniles.The key to perfecting the legislation is to grasp the source of regulations from a macro perspective and fill the gaps in a targeted manner.Specifically in the legal agency system of minor prosecutors,We should systematically sort out the rights and obligations of legal agents,we should clearly define the scope of legal prosecutors and prosecuted juvenile prosecutors,and we should specify the effectiveness of agency behavior in the event of a conflict of intentions.At the same time,in view of the fact that legal agents may not perform their rights or perform improperly due to subjective and objective reasons,we should construct and improve relevant supervision and protection systems to assist them,so as to ensure that the protection of the rights and interests of juvenile prosecutors will not fail.
Keywords/Search Tags:Minor, Legal agent, Proxy authority, Conflict of meanin
PDF Full Text Request
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