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On Public Defender System

Posted on:2012-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:P F ShenFull Text:PDF
GTID:2216330371453391Subject:Law
Abstract/Summary:PDF Full Text Request
The Public Defender System (PDS) emerged and developed gradually with the formation of human rights concept as from European bourgeois Enlightenment. The theoretical principle of PDS is that for the pursuit of justice, it is necessary to offer legal aids to the underprivileged accused to ensure their equal status in the proceedings, thus protecting their legitimate rights. The developed countries attach great importance to the protection of the rights of the poor and weak accused, while China is slightly behind in this regard. With the development of China's economy, all sectors of society are beginning to pay attention to the protection of the individual rights, in which the legitimate rights of the poor and weak accused should be included.In the first chapter, the paper presented an overview of PDS, probing into its jurisprudence basis and realistic basis from the perspective of its emergence and development. In the second chapter, the author elaborated the existing circumstance of China's PDS, by analyzing the situation of current criminal legal aid and the pilot projects. In the third Chapter, the author interpreted the study on the related systems by illustrating the implementation as well as the pros and cons of PDS in the United States, Britain and Taiwan region. In the fourth Chapter, the author proposed a public defender system closely related to the practical condition of our country.
Keywords/Search Tags:Public defender, the poor and weak accused, Right of defense, Legal aid Governmental responsibility, Effective defence
PDF Full Text Request
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