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Research On The Equality Of Procurator And Defense Of Criminal Defense System

Posted on:2012-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:Z G WangFull Text:PDF
GTID:2166330332494932Subject:Code of Criminal Procedure
Abstract/Summary:PDF Full Text Request
The realization of equality of both of the accused and the defendant, pursue the judicatory fair is the goal, criminal litigation LiZhuang case discussion on from the program, the core problem is not LiZhuang behavior qualitative, but in LiZhuang how behavior is qualitative. This paper LiZhuang case criminal proceeding from the existing problem of talk in our country's criminal procedure, the main problems of defense system, and produce the causes of the problems, and by comparing the common law about equality between the German home control principle in criminal lawsuit, the establishment of the system of the developed countries for reference, this paper puts forward the legislative experience of criminal defense system perfect recommendations, criminal defense lawyers in the play the role of better defend, promote justice and realize the equality of distinguishing control, and finally achieve criminal proceedings against the value.The value of the criminal procedure of target is that crime deserve the punishment and let the victim receive timely legal remedies, achieve judicial justice. Criminal activities to pursue forms from the real essence of real process. Although the form is the true process does not necessarily absolutely lead to the referee correctly, but can prevent abuses of power program carries department within the scope to ensure maximum possible to achieve substantial real. A fair legal procedures organization can maximize the possibility of making a fair sentence. So the construction of equality between the control in criminal lawsuit plays a vital role.Human civilization, will appeal the footsteps on improving human individual freedom and the establishment of equal status. From 1978 until 1996 of criminal procedural law in the criminal procedure law, accused the basic spirit of equality between the principle of gradual integration, the criminal procedure law of our country experienced a from scratch, from the smallest to the development process. This is democratic politics and the development of the market economy to respect human rights and emphasizes the inevitable requirement of human dignity. Also the "people-oriented" reality. Criminal litigation has punish crimes and protecting human rights, medium-small current criminal function more litigation system focused on punishing crimes, protection of human rights, not enough emphasis from "sacrifice of justice or threat of basic human rights for price to control crime or establish order" internationally recognized basic principle is far worse. Accused of equality between the principle in our legal system and the judicial practice with the embryo that still international convention and judicial criterion to control requirements of equality between the large gap still exists in some respects, even have not yet reached the minimum standard equality between the control requirements.Equality has become part of the human soul, if will equal value required balance mechanism of the accused and the defendant in a lawsuit system and criminal procedure, without doubt, the latter out-perform contend relationship is the imbalance of the accused. Our investigation detain system, procuratorial supervision systems, defense system, evidence system, judge neutral system have failed to construct contend with the procedural justice accused of balance. Especially in judicial independence and procuratorial supervision, it seems the problem about the constitutional structure already touched fundamental problems. In a large part, is the national character and political reform traditional, or will endure discomfort and terrible pain to adapt to modernity; Based on traditional and habits, or face the paper discusses and taunt, will melt and digestive to modernity is a model into characteristics of situation? It was the turn of the century China a difficult choice. From criminal action in small ways, defense and prosecution right though is fighting, but they are also consequential, interdependent. To achieve a balanced defense and prosecution, we must strengthen the protection and defense of the right to effective constraints on public power. Therefore, our country is in perfect the criminal procedure and defense system aspect to account of various factors, profit from the overseas advanced practices, and combining with the actual situation of his present, make a reasonable and effective criminal procedural law, make both of the accused and the defendant equal confrontation, achieving judicial fairness.
Keywords/Search Tags:Right to defense, The equality of procurator and defense, Procedural justice
PDF Full Text Request
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