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The Improvement Of The Criminal Defendants’ Basic Human Rights Protection Under The Constitutional Vision

Posted on:2013-06-13Degree:MasterType:Thesis
Country:ChinaCandidate:W J XieFull Text:PDF
GTID:2256330395986183Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
This paper mainly take the literature material and empirical analysis method, through the integration of a large number of documents, read, and system operation process problem analysis, and solve problems relating to the paper. Around the world in the defendant, the provisions of the basic human rights protection on the investigation and analysis, this paper puts forward the basic human rights defendant, the concept of the defendant, and analyzes the basic human rights of the nature and significance; followed by defendant defined basic human rights standards, more domestic and foreign constitution to the defendant, the provisions of the basic human rights content and characteristics; finally based on the actual specified in our constitution, the constitution of our country from the vision defendant basic human rights of the situation analysis, the review, put forward the defendant rights guarantee that the deep reasons. From the constitution level, proposed defendants to perfect our constitutional rights guarantee system, through the empowerment and control of power, entity and procedure, and tort and relief, from the power of the state configuration and control; The constitution, the criminal procedure law, implement and improve the level of security and build the constitution with more than relief mechanism to defendant makes the constitutional rights protection should be strengthened, all this true, since.This study is the innovation of the place for human rights in criminal of the constitution, the defect and perfect rationally, then explain in criminal action on the issue of human rights protection shall pay more attention to the spirit of constitutional government in the reflection of the criminal procedure law. This paper is the problem of interpretation is not only beneficial to develop human rights protection concept, to perfect our country’s criminal legislation of science, democracy, human rights and the criminal through to the legislation, enforcement, judicial way of thinking and behavior patterns, and eventually realize in the maintenance of public order and security combination of individual human rights. China’s current criminal litigation system should with human rights in the constitution as an opportunity to further perfect, so as to give full play to the important role of human rights.
Keywords/Search Tags:Defendants, Basic human rights, The state power, Constitutional protection
PDF Full Text Request
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