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On The Criminal Defendant's Speedy Trial

Posted on:2009-10-14Degree:MasterType:Thesis
Country:ChinaCandidate:X M ChuFull Text:PDF
GTID:2206360248950890Subject:Criminal Procedure Law
Abstract/Summary:PDF Full Text Request
The right to speedy trial of criminal defendant is a concept which originates from the Anglo-Saxon common law .With comparison of the defendant's other rights, for example, the right to defense ,the right to silence, the right to last statement, the right to speedy trial has not been discussed largely in our country's criminal procedural .But it dose not mean that the right to speedy trial is not important, the right to speedy trial is a very important right for criminal defendant . Speedy trial has been confirmed by many countries' laws and international criminal justice criterion. One western scholar said, "in many countries, speedy trial is procedure system's ideal."This article amounts to more than 30,000 words and includes four chapters. The four chapters introduce the concept of the right to speedy trial, the procedure of the right to speedy trial, the worth of the right to speedy trial and the right to speedy trial and our country's criminal procedure.The first chapter introduces mainly the concept of the right to speedy trial and it's situation in the world. The right to speedy trial means the right which the suspect and defendant can be tried speedy in criminal trial. On the world, many countries and districts have the terms about the right to speedy trial.The second chapter introduces the procedure of the right to speedy trial. The realization of the right to speedy trial need many systems including litigation periods, the principle of centralized hearing, cases division and no relief, no right.The third chapter introduces the worth of the right to speedy trial. The worth of the right to speedy trial mainly including : first, protecting the legal rights of the defendant; second, ensuring procedural justice ; third, saving the judicial resources and enhancing the judicial efficiency; fourth, establishing law authority and reinforcing the penal law's correction.The fourth chapter introduces the right to speedy trial and our country's criminal procedure. First, there are some situations which is opposite to speed trial in our moment criminal procedure; second, we can find some ways to realize the right to speedy trial; third, speedy trial does not mean the faster, the better. There are some differences between speedy trial and policy on giving heavier and quicker punishment.
Keywords/Search Tags:the right to speedy trial, concept, procedure, worth, policy on giving heavier and quicker punishment
PDF Full Text Request
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