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Trial Before The Right To Defense Research

Posted on:2007-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhongFull Text:PDF
GTID:2206360185972343Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The criminal pre-trial procedure is very important and independent in the procedure of criminal proceedings. During this procedure, on behalf of the state, the prosecute department has enormous power to practice investigation, review and prosecution, and some other compulsory measures, which is relating to the basic civil rights, so it is easy to misuse the power and offend the legal rights of individual. To balance between crimes control and human rights protection, many countries build litigious structure in criminal pre-trial procedure. One of the measures is to gain more rights to defense in criminal pre-trial procedure for the criminal suspect and defender. In Chinese history, which is lack in the tradition to protect human rights, the right to defense in pre-trial of the criminal suspect and defender has not received enough protection, and some kinds of illegal events can not be stopped completely. Since the Criminal Procedure Law was revised and put into practice in 1996, this problem has been kind of solved yet needs more improvement.Besides the prologue and epilogue, this thesis could be divided into four parts.Part I is a general introduction about right to defense in criminal pre-trial procedure, including the concept, characteristics, original theory and evaluation. Different from the opinion of excluding the defender from the principal of defense, the author thinks, because of the defender's independence and public-spirit, it should be contained in the principal of right to defense in criminal pre-trial procedure with two denotations: one is the criminal suspect's right of defense, including the right to silence and the right to be informed; the other is the right to get defense counsel's help, including the right to provide help during criminal investigation procedure as an defender, right of meeting, right to being present during interrogation, right to investigate evidence and apply conserving evidence, right of discovering evidence and right to get legal aid. Considering some negative influence in substantive justice and proceeding effectiveness, the right to defence in criminal pre-trial procedure should be placed appropriate restrictions after it is fully protected.
Keywords/Search Tags:the right of defense in criminal pre-trial procedure, human rights protection, litigious structure
PDF Full Text Request
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