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On The Legislation Completion For The System Of The Right Of Last Statement In Criminal Procedure

Posted on:2012-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:G B WuFull Text:PDF
GTID:2166330338990654Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The modern criminal procedure gives the criminal defendant especially the Criminal defendants full litigation rights. And the powerful litigation system which is againsted by the independent proprietary, displays the pursuit for the ideal model of litigation pursuit that is democracy,science and human rights. That is a prominent characteristics in the development of modern criminal litigation system.The criminal defendants enjoy the last for preventing criminal procedure has important significance in prventing the damage on the external and internal value of the criminal litigation system, and safeguarding lawful rights and interests of the defendant. So, it shows the litigious value embodiment of rationality. In view of this, around the world, most countries in the criminal procedure law identified the defendant has the right to final statement. The first criminal procedure law in the 118 of The People's Republic of China also regulation:"After the presiding judge announced the debate closed, the defendant has the final statement right."New criminal procedural law in 1996 in the first 160 bar did the same provisions.Also in the 118 regulation: "the presiding judge in the end of the debate, the defendant announced after a final statement right."Unfortunately, the criminal procedure law of our country about the final statement right is too crude, and the research on it is almost blank. This paper studys on the defendant's final statement right, and triggers thought-provoking on this field.This paper is divided into four parts:The first part is the basic theory about the right to final statement. Focusing on the concept, nature and theories on the the right to final statement. It is the theroy foundation part of the paper.The second part describs the disadvantages of the right to final statememt, and analysis its cause. First, describing our last various existing disadvantages on the legislation and judicial, then analysis from the positioning of the legislation and the practice in the system of judicial habits, in order to suit the remedy to the case.The third part is the the investigation of foreign cases. Mainly aimed at studying the the right to final statement in the continental law system and the main countries of Anglo-American law system, and summarizing from countries the right to final statement of qualitative, exterior structure, the legislation of the main contents, core elements etc.The fourth part is some adviseson on improving our the right to final statement. This part is based on the study of the above three chapters, separately from the exercise of principle, the definition of the the right to final statement'exercise principle, connotation, extension,objective scope, right effect and aspects of procedural sanctions. In order to build up a set of relatively perfectiont the final statement system.
Keywords/Search Tags:the right to defense, the nature of legislation, the limits and the effect, the sanction rules of procedure
PDF Full Text Request
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