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On The Protection Of Human Rights In Criminal Procedure

Posted on:2002-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:H ShaoFull Text:PDF
GTID:2156360032455683Subject:Procedural Law
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AbstractCriIninal achon being a kind of behaVior of states findin out thewt, it has two pedel Obechves, which are the punishmen of criInand the PrOteChon of huInan rightS. The Pwhshmeflt of crim is the bomobjechve of criminal achon, and the ProteChon of hurnan rights is theaim which is pey established with the develoPInen of modernWal achon and the deepe of Inodem idea of rule by lawThe reason of establishing the PUrpOse of proteChon of human rightsis related with the original idea of rule by law----proteCting theindividual legal rights from rtihary and iliegal encroachmentS. Due tOthe interVene Of strong state POwer in the course of criminal action,wnich M the proteChon of human rights of the criIninal lihgantparticiPants have tO be reta by due Process, we can only suPPOse thefmdings are comet by due PrOCess as the factS are hard to detennin. Atthe time, due Process seems twrtant tO the protection of human rights.China governmet has ahahed twrtan tO the proteehon of humanrights in the foral achon, and shpuIated it in the ConstitUhon andCtwal ProcAngs Code in l996 reflect the determinahon tha thegovernrnent sbogthen the proteChon of human rights in the criminalaCtion. ComPared with the l979 bo Proceedings Code, the revisedcode has established the prillciPle of ''PresUInPtion of Innocene" tO aCertain CXtellt, and petw the .'MeanS Of COerCiOn,,, Strengthened theProteChon of rights of the defendan and victiIn, refOrmed the ways ofcoUrtS triais, strengthened the supervision of prosecboriaI depot.The aboVe-Inentioned reformS all de on the ProteCtion of huInanrights and Prometion of judicial jushce. The aUthor eInPhashes on hoWthe MtiOn Of huInan rights is W in the PraCtiCe of criIninachon, and PutS N the relevant soluhon in view of ealstingqueshon.
Keywords/Search Tags:Protection
PDF Full Text Request
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