有关印度宪法英语论文 [5]
论文作者:英语论文论文属性:学术文章 Scholarship Essay登出时间:2014-09-24编辑:zcm84984点击率:14491
论文字数:3924论文编号:org201409201239511336语种:英语 English地区:印度价格:免费论文
关键词:法律制度Criminal Legal SystemLaw Essay审查刑事法印度宪法
摘要:本文是一篇印度宪法中审查刑事法律制度的法律留学生论文,印度宪法保证公平对待所有印度公民都能够获得同等的生命权和人身自由。法治的设想是所有的人在法律面前一律平等,享有同等权利,但遗憾的是不能享受平等执法的权利,这必须通过法院和司法程序特别是在刑事系统是非常复杂而昂贵的,从而把普通人拉开一定距离。
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Thirdly the system operates like a two-sided structure under which the prosecution is pitted against the defence and justice is done when the most effective adversary is able to convince the judge or jury that his or her perspective on the case is the correct one thus making the system a resource based system i.e. one who can afford a better lawyer has an edge. Further in the adversarial system the judge is not a part of the investigating machinery, the standard of proof required is proof beyond reasonable doubt which spells trouble via discretion and the adversarial trial is built around cross examination of witness often results in adding insult to injury against which even the courts fail to help and this process besides being cumbersome is also time consuming which adds to the piling pendency of case.
As per figures available on 31th march 2010, the total number of cases pending before the Supreme Court was 54864, as against 45887 in 2008 this number instead of decreasing has increased and the time frame is just two years, the total pendency of cases being 3, 13, 91,526. [10] The 120th law commission report , while recommending the fivefold increase in judicial strength at all levels of the Indian judiciary from 10.5 to 50 judges per million of population pointed out how India’s judge population stands poor in contrast when compared with several countries therefore a need has arisen to stop overburdening the courts and find alternative remedies and if the cases are disposed of expeditiously the number of under trails would also automatically stand reduced and apart from under trails and pendency problems the increasing rate of acquittals and failing convictions have become cause of serious concern.
The increasing corruption in the system also attracts attention as officials are bribed for making identification of a weak link in a criminal case all the more difficult by tampering of evidences etc, corruption in various levels of the system is the direct result of the lack of accountability on the part of the functionaries. Lack of commitment and decreasing coordination and cooperation among various functionaries of the criminal justice system resulted in failure not only on the part of the police to deliver justice to the victim, but also by the judiciary. This forces the police to resolve to the illegal methods of extraction of evidence on the suspects and in their enthusiasm to provide fast relief; policemen are slowly falling prey to the shortcut methods. The lack of evidence, hesitation of witness etc, and the lack of commitment shown by the witness and advocates, particularly defence council have totally vitiated the system as their cooperation is vital for the just operation.
Now before even beginning with as to how introduction of ADR techniques in our criminal cases would resolve the above mentioned problems conceptually three things are to be cleared in our minds;
ADR techniques do not only mean arbitration, mediation and conciliation but also include other various methods such as victim offender mediation, neutral fact finder method, early neutral evaluation etc which are useful in resolution of criminal disputes.
Disputes which are criminal in nature, the parties to such dispute cannot be forced to compromise or resolve the matter hence either both such parties should be willing to compromise or in view of changing time and needs a statuto
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