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A Study On Coercive Defence System

Posted on:2007-12-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y E ZhangFull Text:PDF
GTID:2166360185982011Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Coercive defence is one type of defence system and it is the essential realization form of defence system function. From the perspective of principal part, this dissertation analyzes the meaning of coercive defence system by breaking the traditional approach. This dissertation holds that it is the indictee's basic rights to gain coercive defence and it is government's responsibility and obligation to guarantee coercive defence. This dissertation breaks the former characteristics in which the coercive defence system theory is numerous and jumbled in foundation but is not actually on good basis. Through the analysis and investigation of the restriction of public rights and guarantee of human rights embodied in the "procedure justice theory" and "constitutionalism theory" and through the exploration of coercive defence system practice in some countries and areas, this dissertation introduces the China's present actuality of coercive defence system by using comparison research approach. This study holds the following viewpoints. China's "coercive defence system" has some congenital deficiencies, and it is supposed to be constructed on the essence of procedure justice theory and constitutionalism theory; meanwhile, importance ought to be attached on the protection to basic constitutional rights. In addition, the rights to gain coercive defence ought to be standardized as the basic constitutional rights. In order to guarantee the should-have functions of coercive defence, it is vital to extend the scopes and stages of the cases applied in coercive defence and to construct procedural almsgiving system in which government does not carry out coercive defence obligation.
Keywords/Search Tags:coercive defence, procedural justice, constitutionalism, procedural law-breaking, procedural crack-down
PDF Full Text Request
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