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The Protection Of The Suspects's Rights

Posted on:2011-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:X J ZhangFull Text:PDF
GTID:2166360305465111Subject:Law
Abstract/Summary:PDF Full Text Request
Protection of the rights of criminal suspects is the field of human rights protection in criminal proceedings, the concrete embodiment of it is the inherent demands of justice, is one of the goals the fundamental values of criminal proceedings, it suspects has an extremely important influence, but also the state of justiceand judicial efficiency has a direct impact.Throughout the criminal process, in particular for the investigation stage, because the criminal prosecution of the suspects were in a position, not formed on the subject of proceedings, etc., their litigation rights and personal safety are vulnerable to prosecution on behalf of state organs of public power against.The modern rule of law, national legislation and the United Nations criminal justice standards, were given the suspect a series of procedural rights, and thus reinforce the suspect the dominant position of the proceedings, through the due process protections of criminal suspects of human dignity, the ultimate justice.This article stems from the right-wing death a case of Xu proceed from different point of view of stem-Rong Xu causes of sudden death system, including the current surveillance system of integrated charge defects, lawyers to help in the investigation stage of a mere formality, as well as the suspect did notright to remain silent, these are led to the current judicial practice of torture, extended detention, abuse of the system of the root causes of criminal coercive measures.In this paper, the current judicial practice in the kinds of abuses in the system, combined with the advanced theory of criminal justice, namely, the establishment of surveillance charge separation system, strengthening the right to counsel in criminal proceedings, as well as giving a right to remain silent suspects are discussed.
Keywords/Search Tags:Suspect, Surveillance system for charge separation, The right of Silence
PDF Full Text Request
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