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To Establish The Principle Of Presumption Of Innocence Defendant Human Rights

Posted on:2013-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:Z L YouFull Text:PDF
GTID:2246330392454692Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
This thesis mainly attempts to study the theoretical and realistic significance of theprinciple of presumption of innocence to the protection of the defendants’lawful rightsandinterests through the introduction of meaning and its inner lawful requirements of theprinciple of presumption of innocence. At present, in our country, the defendants are oftensuspected of being guilty before the court convicts leading to an unlawful infringement ofthe personal rights and property rights in the judicial practice, which severely damagedthefairness and justice of laws. The legal connotation of the principle of presumption ofinnocence is first analyzed in this thesis. Then adopting the method of comparative study,through the introduction of the beneficial practices of the extraterritorial law principle ofpresumption of innocence in the protection of citizens’ legal rights, the understanding ofthe principle can be deepened. In the fourth chapter, the development of the principle inour country and problems as the performance of the defendant’s missing lawful rights isdiscussed using the empirical analysis method. Finally, through the summarization method,the writer presents his individual view of point to legal construction and related auxiliarymeasures of the principle in our country in order to realize the maintenance of defendants’rights. The major achievement of this thesis lies in solving the problem of protecting thedefendants’rights from the ideational system. If the court convicts the defendants as beinginnocent before exercising jurisdiction, then varieties of irregularities will be greatlyarrested at present. The research of this thesis first may provide legal support forprotection of human rights in our country in theory. At the same time it may solve the legalproblems for the reform of Criminal Procedural Law in our country, which would behelpful for carrying out the concept of procedural justice and would pave the way for theestablishment of The Right To Silence and the consummation of right to defense in ourcountry. Moreover, the establishment of the principle will have a huge impact in practice,will be effective alleviate series of judicial problems such as illegal evidence in thejudicial practice and illegal investigation so as to better protect the lawful rights andinterests of citizens.
Keywords/Search Tags:The guarantee of human rights, presumption of innocence, criminal procedurelaw, the rights and interests of the accused
PDF Full Text Request
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