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Criminal Trial The Right Of Counsel Before The Program Improvement And Protection

Posted on:2009-08-27Degree:MasterType:Thesis
Country:ChinaCandidate:M JiangFull Text:PDF
GTID:2206360245476467Subject:Law
Abstract/Summary:PDF Full Text Request
This thesis is a study of the improvement and guarantee of the defense rights of lawyer in the pre-trial process, beginning with the theoretical basis and meaning of the defense of lawyer in the pre-trial process, then talking about the content and trait of the defense rights of lawyer in the pre-trial process ,and last explaining how to improve and guarantee the defense rights of lawyer in the pre-trial process. This thesis is composed of three parts: Preface, Text and the Concluding. The text consists of four chapters.Chapter One is the theoretical basis and meaning of the defense of lawyer in the pre-trial process ,which consists of two parts including the theoretical basis of lawyer in the pre-trial process and the meaning of strengthen the defense of lawyer in the pre-trial process.Chapter Two is the content and trait of the defense rights of lawyer in the per-trial process. Three issues are discussed under this part: firstly, I will explain the concept of defense and right of defense. Further I will put forward the concept of the defense rights of lawyer in the per-trial process on a basis of discussing the relationship between the defense rights of litigant and attorneys. Secondly, I will explain the content of the defense rights of lawyer in the per-trial process and point out the difference to the rights in the two phase. Thirdly, I will sum up the trait of the defense rights of lawyer in the per-trial process, namely the finiteness of the defense rights, the structural conditionality of the defense rights, and the procedural quality.Chapter Three is the improvement of the defense rights of lawyer in the per-trial process, which consists of the improvement of the following five rights: the rights of interview, the rights of reading the document and records, the rights of investigation and collecting the evidence, the rights of applying changing and relieving compulsory measures, the rights of being present. Above all, the chapter explains the meaning and value of these rights . Then it analyzes laws, rules, and judicial interpretation and compares foreign laws and particular situation in China, to explain how to improve the defects existing in the above rights and solve the problems in actual practice.Chapter Four is the guarantee of the defense rights of lawyer in the per-trial process. The chapter includes three sections. This chapter discuss the guarantee of the defense rights of lawyer in the pre-trial process from the aspects of legislature, system and procedure . The first section is about establishing the criminal defense immunity of lawyer in the pre-trial process. The section analyzes the defects of Article 306 of criminal Law, thus proposes adding correlative provision about the criminal defense immunity of lawyer in the pre-trial process, and put forward to improve the system of lawyer's criminal responsibility. The second section is the establishment of the judicial review system to guarantee the defense rights of lawyer in the pre-trial process, which discusses the significance of introducing the judicial review system in the pre-trial process to guarantee the defense rights of lawyer and how to construct the institution. The third section is the improvement of procedural punishment system in the pre-trial process, which is to procedurally punish acts infringing the defense rights of lawyer in our criminal pre-trial process and discusses the procedure and means of the procedural punishment.
Keywords/Search Tags:pretrial procedure, the defense rights of lawyer, judicial review, procedural punishment
PDF Full Text Request
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