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On The Defense System Is Inadequate And Improvement

Posted on:2011-07-18Degree:MasterType:Thesis
Country:ChinaCandidate:J M LuoFull Text:PDF
GTID:2206360305479669Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Criminal defense system is an important system of criminal procedure. As China's emphasis on the protection of human rights and the concept of procedural justice, protecting the legitimate rights and interests of defendants of criminal defense system should also be improved. However, China's current "Code of Criminal Procedure" in the provisions of the criminal defense system has been far from meeting the requirements of the judicial practice, the right of defense for criminal suspects, defendants and defense lawyers cannot be guaranteed, so this paper reveals the inadequate criminal defense system in China, and make effective proposals.In the paper, it describes from the ancient Greece , the criminal defense system in germination -,through the development of criminal defense system, discovers the rise and fall of the regime of law, and finds the perfect direction to criminal defense system reform of China by studying its own rules. It cannot be ignored for thousands of years of traditional Chinese legal culture. As China's feudal era of time is very long, deep-rooted notions of feudal autocracy, there is no existing conditions for defense system in ancient China. China experienced little of the capitalist stage, therefore, the bourgeois revolution to promote "democracy", "equality" and "human rights" and other ideas in my country cannot survive in the soil in China, which have led to the defects in China's criminal defense system. This paper analyzes the rise and fall of the law of criminal defense system to find a necessary condition for the establishment, that is, democracy, the rule of law. Meanwhile, it maintains the protection of human rights and the entity equal emphasis on judicial philosophy and procedures. By articulating the value of the criminal defense system, it shows the importance of the criminal proceedings the modern criminal defense system. Chapter III, starting from the analysis of traditional Chinese legal culture, it expounds the causes of conflict between China's traditional legal culture and modern culture of criminal defense system, pointing out many disadvantages in China's current criminal defense system.Either from the balance of prosecution and the defense or the protection of human rights, being prosecution and his defense lawyer, the right to be protected has been agreed in the world, and in such as the "World Declaration of Human Rights", "civil and political rights international conventions, "" Standard Minimum Rules for the Treatment of Prisoners "and other international documents, it has been established. Therefore, China must conform to world trends to perfect the system in accordance with international guidelines for minimum standards of criminal justice. Learning from experiences of other countries at the same time, we must take into account China's national conditions. China is doomed not to copy the practice of other countries for its several thousand years of traditional legal culture . Only to find a really suitable for the improvement of our road by fully taking into account differences in national conditions. From the fourth Chapter, it describes from two aspects of China's reform and the thoughts of improving the criminal defense system. First, from the criminal defense structure, it is recommended to be in the pre-trial proceedings to the investigating authorities and the public prosecutor acts to strengthen the judicial review and control, and provide the relevant rules of procedure. It's the only way to ensure the balance of the criminal prosecution and defense structure to provides the perfect space for achieving a balanced defense and prosecution in the criminal defense system,. Second, with China's national conditions, from the aspects of perfecting lawyers'rights of investigation and evidence collection, the presence of examination, setting up display system and criminal liability exemption regime ,it deals specifically with the reform initiatives in China's criminal defense system.
Keywords/Search Tags:defense system, balance of procedural justice, criminal prosecution, the defense structure
PDF Full Text Request
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