On Function of Basic Principles of Criminal Proceedings

DOI

10.2991/assehr.k.210806.068How to use a DOI?

Keywords

Function, Basic principles of criminal proceedings, Criminal action

Abstract

With the functions as the legislative rule, as the code of conduct and of empowering the judges with active justice, the function of the basic principles of the criminal proceedings refers to the inherent performance or functions of the basic principles of the criminal proceedings as a special legal norm itself. Its function as legislative rule shows that it is the legislators’ law of conduct and therefore constitutes a restriction on the legislative power. Its function as the code of conduct indicates that it must be followed by the specialized state organs and the participants in the criminal proceedings. Its function of empowering the judges with the active justice shows that the basic principles of the criminal proceedings can explain the basis of the criminal procedure law and supplement its loopholes.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Jinshan Han
PY  - 2021
DA  - 2021/08/09
TI  - On Function of Basic Principles of Criminal Proceedings
BT  - Proceedings of the 2021 5th International Seminar on Education, Management and Social Sciences (ISEMSS 2021)
PB  - Atlantis Press
SP  - 362
EP  - 366
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.210806.068
DO  - 10.2991/assehr.k.210806.068
ID  - Han2021
ER  -