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Discussion On The Problem Of Chinese Lawyer's Criminal Plead

Posted on:2007-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q GaoFull Text:PDF
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There is no denying the fact for a nation that criminal plead is a fine or rainy form of its legal system, and it symbolizes a nation' s protection degree for human rights. We can say that it always reflects whether the mechanism of protecting human rights is perfect or not, whether the criminal plead system is perfect or not. The business of criminal plead is legal importance one for an attorney, and is also the basic sill of the whole lawyer' s profession.However, the modification of our criminal procedure law took place in 1996 gives rise to more and more mainly contradictory problems in the criminal plead process, such as the difficulty in interviewing, looking into the case and getting the evidence, consulting file and so on. In addition, defence lawyers in China for fear of accuse of lawyer falsify evidence, too. To begin with, the thesis starts with a true case, describing the various difficulties that defence lawyer undergo in the criminal lawsuit practice, and disclosing lots of problems that at present our defence lawyer encounter in the criminal plead process. Then it analyzes the mainly reasons for resulting in present serious situation of Chinese lawyer defense in criminal lawsuit, such as legislating blemish etc., and it is thought that the view on national power basis is deep-rooted cause among them. In the end according to the criminal lawsuit practice in china and the criminal plead system of western countries in the world, the paper tries to finds the strong measures to crack the problems in theory and practice.In order to protect the plead rights of the Criminal suspect and defendant, to make the mechanism of protecting human rights better, to get the triangular framework with two equal lines in charge, plead and judge, it is essential to proper realizes the problems existing in our criminal plead process in recent years. On the whole, it will have a long way to go the perfect our criminal plead system. However, graduatelly the idea of human rights has been warmly welcome by our people with the contents having been put into the constitution that nation respects and safeguards human rights. The plead rights of the criminal suspect and defendant are also respected and protected by constitution and law. So the criminal plead process in our country has made great progress in science and democracy.
Keywords/Search Tags:criminal plead, accuse of lawyer falsify evidence, lawsuit framework, plead right
PDF Full Text Request
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