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On Guarantee Of Right To Defence

Posted on:2011-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:F Y GuoFull Text:PDF
GTID:2166360302498072Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
How to guarantee the defendants'right to defense is an essential part of protecting human rights. The right to defense is a constitutional right of the defendants. However, Due to some factors like the influence of the typical Chinese criminal policies and the administrativization of public powers within the officialmaxime mode, the defendants' right to defense is seriously infringed by authorities with public powers, which leads to the failure of guarantee the legitimate right of the defendant to defense before the trial, during the trial and in the execution period. Based on the analysis of a large amount of materials and some related statistics, this thesis emphasizes that the defendants'right to defense should be protected throughout a lawsuit, especially in the execution period, and puts forward some measures to enhance the guarantee of the defendants'right to defense accordingly. Because of the absence of laws to protect the defendants'right to defense in execution period, this right has been overlooked at present; therefore, the writer here tries to analyze the theories on the convicts'right to defense in execution period with the purpose of putting forward some measures to guarantee the right. How to guarantee the right to defense is a problem of international concern, and the guarantee of the right should cover a wider area, which is not only a basic requirement, this issue requires further study and discussion.
Keywords/Search Tags:Right to defense, Infringe, Guarantee, Measures
PDF Full Text Request
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