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The Positive Analysis To Juvenile Criminal Appointed Defense

Posted on:2011-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:X F LiFull Text:PDF
GTID:2166330332473437Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal appointed defense for Juvenile is a criminal legal aid system in the top priority. Juvenile criminal suspect or defendant is the special groups of the legal aid, they lack capacity of litigation and substance of unequal strength to bring about participation in the proceedings of the inadequate.Thus,the appointed defense as the protection of juvenile suspect or defendant means necessary.It is an important basis of balance between defense and prosecution,as well as an expression on the legitimacy of criminal procedureBased on appointed defend of status quo in C City, this thesis analyze deeply the defects of criminal appointed defense for juvenile, the reasons for problems and the idea of protecting criminal appointed defence system of the juvenile. This article focuses on how to guarantee the quality of criminal appointed defense cases, and to obtain efficient, high-quality legal aid services for minor criminal suspects or defendants.This thesis is divided into four sections besides the introduction and conclusion.In the first section,the author focuses on the value target of the criminal appointed defense for juvenile. This paper argues that the maximum protection for the legitimate interests of minor criminal suspects or defendants,and the special protection according to the characteristics of monir.It is a minor criminal defence to pursue the value target.The second section is the problems of the criminal appointed defense for juvenile. This thesis briefly describes the status quo of the appointed defence for Juvenile in C city.Through statistical analysis, investigation files, questionnaires and interviews and other methods,the author analyze the deficiencies of appointed defense system in the operation of the judicial status.This paper argues that the appointed defense for juvenile in practice following major problems:effects of criminal defence worrying, aid lawyer for heart and enthusiasm is not high and the Law on the special nature of juvenile criminal cases, lack of knowledge.The third section is the the cause of the problem in second part. This thesis argues that the main reasons contributing to this problem are:assistance to lawyers involved in a minor case of too late, the appointed lawyers in criminal legal aid practice in more than hinder,the flawed appointed defence system and criminal legal aid funding shortage.In the fourth section is to improve the concept of the criminal appointed defense system for juvenile.The author holds that to solve the problems of criminal appointed defence, should be fully considered under realistic conditions, moderate borrowing the more reasonable system.In particular, first it should be established to appoint a defence system in the pre-trial stage,and improved the service system of the pre-trial criminal legal aid.The concept of restorative justice among the legal aid applied to minors, not only can criminals get lighter sentences for minors, but also provide a useful return to society.Secondly, the author proposes to improve the effectiveness of criminal appointed defense, to protect the appointed lawyers to the right in the trial,and to encourage lawyers to play supporting help and education in the case of pleaded guilty.Final, it should be the protection of minors in criminal legal aid funds,so the legal aid lawyers can help protect their rights widely.
Keywords/Search Tags:Criminal appointed defence, legal aid, Juvenile, Positive Analysis
PDF Full Text Request
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