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On Procedural Relief Of The Accused

Posted on:2009-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhangFull Text:PDF
GTID:2166360272964976Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The accused enjoys human rights in accordance with the law, which should be respected and protected. Protecting the human rights of the accused serves the purpose of pursuing the balance of the accused and judicial body in power in order to realize entity's justice and the demand to prevent the investigating organizations'power abuses. It is also the proper basic demand of normalization of criminal procedure. In criminal procedure, the accused are in a disadvantageous position and their human rights are easily to be violated by judicial body. In worldwide view, protecting the human rights of the accused effectively in judicial action has become one of the major standards for evaluating the civilization and democracy of a country. As the concept of human rights becomes increasingly popular in China,the government is paying more and more attention on the protection of human rights and thus has made some achievement in criminal proceedings. However,infringement of procedural rights of the accused is still existing in criminal proceedings. Therefore, it is of great practical importance to study the safeguard of the accused's procedural relief rights in China. Based on the present situation, this paper attempts to make suggestions on perfecting China's system of guaranteeing the accused's procedural relief rights after analyzing and considering the theory and mechanism in China and abroad.
Keywords/Search Tags:The Accused, Procedural Rights, Procedural Relief, Procedural Illegality, Procedural Sanction
PDF Full Text Request
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