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The Legislation Studies Of The Personal Rights Protection Of Criminal Law

Posted on:2012-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:X L HaoFull Text:PDF
GTID:2166330335972351Subject:Law
Abstract/Summary:PDF Full Text Request
criminal defense system as a modern state legal system, which embodies the important content of a country's democracy, human rights and the rule of law for the modern countries' legislation situation, established. Our country is in the construction phase and rule of law lawyer system stage of development, criminal defense lawyers for human rights protection difficulties, lawyers, the status quo unsitisfatory criminal defense lawyers in the rights violations repeatedly. And in criminal lawsuit, defense attorney person is the basis of all rights lawyer. Our countiy's relative legal rights in criminal lawyer, makes the lack of legislation on lawyers in the process of practice is not being treated fairly even criminal investigation. The author believes that, in reference to other countries, China should protect defence lawyers based on rights system, and combined with actual situation in China and historical traditional legal culture and realistic basis of law consciousness, gradually perfect our country's defense lawyer of the person safeguard. The paper lists some in our criminal lawyer present situation of infringement of rights and considerations and analysis, in foreign related legislation and related system guarantee, and on the basis of China's specific conditions, combining our criminal lawyer, and puts forward Suggestions and ideas of personal security in China, so as to accelerate the pace of judicial reform.This paper is divided into four parts altogether. The first part is person overview, mainly elaborated the concept of personal, the legal characteristics, content classification the particularity of personal rights and lawyers. The particularity of the personal rights lawyer before trial stage, mainly from the trial stage and judgment and performance stage three stages of characteristics to elaborate. The second part is our country criminal lawyer person status considerations and analysis, this paper analyzed the criminal lawyer personal rights missing and personal rights does not reach the designated position causes. The third part is a sino-foreign lawyer person relevant legislation, mainly from three compared with the lawyer is closely related to the right person (i.e. lawyer immunity, refuses to testify the power, refused to compare one right), and draw on our country's legislation is not perfect conclusion. The fourth part is this article expounded the focus of research, I had the criminal attorney person security legislation and the conception. Mainly from the lawyer immunity system, the lawyer refused to defense system, the lawyer refused to testify the power (secret privileges) the four aspects of proposed legislation Suggestions, in order to strengthen our system of guarantee of criminal attorney person. After refusing to perfection of the legislation of the right of establishment, the paper puts forward some defenders refused to defend the system of criminal.
Keywords/Search Tags:Criminal Lawyer, Personal Rights, Security, Legislation
PDF Full Text Request
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