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Protection Of The Criminal Procedure Law On The Rights Of Criminal Suspects And Defendants

Posted on:2007-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:S G YuanFull Text:PDF
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The aim of criminal judicature is not only to solve the social conflict, but also fairly solve it. The judicature fairness has double implications: the entity fairness and procedure fairness. We may not attain our aim of discovering and penalizing the crimes if we strictly observe the request of procedure fairness. But, if we are only for the aim of discovering and penalizing the crimes, the country does not need to establish the criminal prosecution mechanism as long as the police and violent organization are in existence. So we can see that the procedural law and procedure are mainly used to guard against and restrain the state power. The fact also shows that the procedure fairness is prior to the entity fairness between the two standards of the judicature fairness. The reason for doing so also lies in: the complexity, plasticity and legal probability of the case decide the uncertainty of the entity fairness, while the self-restraint, form, rigidity and stability can ensure the certainty of the procedure fairness to the maximum. Although through a fair procedure, we may not attain absolute justice (in fact there is no absolute justice), the fair procedure itself has the reproduction function of absorbing social discontent and orthodox. So the uncertainty of the entity fairness can be reduced, absorbed and solved because of the certainty of procedure fairness. On the contrary, unfair procedure can not only fail to attain entity fairness, but may seriously violate the human rights, leads to trumped-up cases, sharpen and aggravate the existed discontent. "It is the procedure that decides the difference between the rule of law and the arbitrary rule of man". Procedure is the heart of law and is the only way to realize the rule of law.The wrong case of She Xiang-lin's killing his wife is the typical expression of in imperfect criminal procedure law of our country. It is also a fruit of sin made bythe seriously-destroyed criminal procedure. From the case we can get the following lessons: Firstly, the thought of the guilt presumption is still widely dominating the work of the public security organs, prosecutions and courts. The evidence of the case of She Xiang-lin is self-contradictory and full of holes. But the Hubei Provincial Higher People's Court requested to try the case again instead of giving a guiltless sentence. It shows that guilt presumption is...
Keywords/Search Tags:purpose of criminal suit, fight against crime, protect human rights, due process
PDF Full Text Request
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