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Concerning The Appointed Difense System Reform

Posted on:2012-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:N N WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Designated defense system refers to the system which state agencies who exercise of the investigation,prosecution,trial,and so on to comply with the conditions of criminal suspects and defendants,appointed counsel to provide defense during the criminal process. Although along,academia and the judiciary recognize the designated defense system have a vital importance for the protection of human rights,protect the citizens of the substantive rights and procedural rights and reflect a fair and impartial administration of justice,but China's current system of justice to appoint a defense practice of facing all the difficulties,whether it is the narrow scope of application or the poor quality of the designated defense,have led the designated defense system far from the goal of the legislation. Therefore,study on the designated defense system,found that the problems of China's designated defense system and the corresponding comprehensive proposal,in the revised"Code of Criminal Procedure,"today's growing calls for improving China's"Code of Criminal Procedure,"have a very large positive significance and value to the promotion of the citizen protection of human rights and the rule of law in the country. This paper is divided into three parts.The first part is an overview of the designated defense system.It begins by drawing some scholars of the research results;redefine the designated defense system breakthroughs in China's current legal framework. The author firstly to the appointed defense system differentiates definition. After the appointed defense system are briefly introduced the characteristics, classification and its relationship with the legal aid system. This section is mainly to the appointed defense system has given there, make the form the origin of the research with clear definition.The second part of the world's two major legal system is the appointed defense system evaluation. Through the two big law about the appointed defense related in law to draw upon its advantages, devoid of its shortcomings.The third part is briefly described the appointed defense system reform in China, mainly from theoretical foundation ensuring human rights and procedural justice, two aspects to evaluation.The forth part is for our current is the appointed defense system defect analysis. Through the analysis of relevant legal provisions and real events the problems exposed, summarized the appointed defense system in China, the main problems of two areas including the appointed defense system under the provisions of the narrow, funding system malpractices professional risk caused by lawyers, normal procedure judge cases simplified the absence of the appointed defense system.The fifth part is in view of the existing the appointed defense system of defects analysis of the proposed reform measures.
Keywords/Search Tags:Criminal defense, The appointed defense, Safeguard human rights, Lawyer duty institution, Lawyer fees
PDF Full Text Request
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