有关印度宪法英语论文 [7]
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:14496
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。
eutral evaluation or neutral fact finding expert method of ADR is used.
The role of lawyers is minimal in ADR proceedings except for arbitration hence the problem that the system is resourced based can be adequately dealt with.
Strict adversarial trial procedure of pitting the prosecution against the defence can be dealt via means of ADR as it’s somewhat informal in nature e.g. Mediation further the Governmental functionaries have not realised the importance of non-governmental organisations or voluntary organisations for the success of the criminal justice system as NGO’s can be used as active participants.
The problem of low judge population ratio can be tackled by allowing eminent retired judges to act as judges and neutral parties in ADR proceedings there by adding to the judicial infrastructure.
Besides being known for providing fast and cheap results which can be kept confidential it is felt that ADR is more conductive in the preservation of relationships and avoidance of grudges. Therefore to administer the rule of law and justice certain steps are to be taken by the state. In case of civil matters there are already alternate statutory options available such as section 89 of Civil Procedure Code 1908 however such a provision is not available in administration of criminal justice hence there is a need to evolve an alternative approach of resolving criminal cases in a constructive manner the need for which is enumerated above. Therefore the researcher feels that by introducing ADR techniques in criminal cases would lead to discovering a rational, viable solution for prolonged trials and efficacy of the current system can be improved by leaps and bounds without bringing in a sea change.
Statement of problem
Therefore the current criminal justice system owing to its adversarial nature is unable to provide fair and expeditious justice and nowhere has a remedy for recourse to ADR methodologies, due to which the trust of the common man has not only eroded but has deterred him from initiating action under this system. Hence the researcher has undertaken the present topic in order to conduct a research whether recourse to ADR methodologies in the criminal justice system will improve its efficacy and repose the trust of the common man in the criminal system again without calling for a major infrastructural change.
Hypo
thesis
The researcher by means of the instant research wants to test the hereinafter enumerated proposition;
“Introduction of ADR techniques in criminal law can provide for efficient alternative remedies and improve the efficacy of the current criminal justice system.”
The present criminal justice system provides no statutory leeway or recourse to alternative remedies outside the strict court procedure unlike the civil justice system where there exists section 89 which has proved to be a success.
Scope of the study
Owing to paucity of time, the researcher endeavoured to undertake the research upon the introduction of ADR techniques in the current criminal procedure with respect to the following provisions only;
Section 320 of Criminal Procedure Code
Section 268 of Indian Penal Code i.e. public nuisance
Section 323 and section 324 of Indian Penal Code i.e. hurt and voluntary causing hurt
Sec
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