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Study On The Public Defender System

Posted on:2014-11-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y D WangFull Text:PDF
GTID:2256330401461374Subject:Law
Abstract/Summary:PDF Full Text Request
With China’s rapid economic development,social construction in all respects hasmade remarkable achievements, the legal construction of China also started to go onregularly. The concept of human rights protection is more and more intentioned injudicature field, the newly revised "Criminal Procedure Law " clearly underlined "respecting and protecting human rights " is the task of Criminal Procedural Law, itwas the first time that the protection of human rights has been defined in China’sdepartment of law. A long-standing legal tradition in China which is only payattention to fight against crime but to neglect the protection of human rights has a badeffect on the protection of Defendants’ rights. Though the defendants have the right todefense, but an ordinary social group is impossible to grasp those professionalknowledge and skill of law. In fact, defendants will not achieve desired effect byself-defense. So the criminal legal aid system came into being for defending thedefendants. It would help to form Plea Equality and The Course of Justice. Because ofmany problems including the bad criminal law environment、 the transfer ofresponsibility of criminal legal aid、the poor quality of criminal legal aid、theshortage of funding and personnel and so on,the development of China’s criminallegal aid was bound. If no effective measures are taken,the value of criminal legal aidwill not come true. In my opinion, it is possible to establish public defender system asa necessary component of the criminal legal aid.The public defender system is a specific way of criminal legal aid under theinfluence of the traditional western concept of the protection of human rights, thebiggest advantage of public defender system is funded by the state and the state willemploy full-time defense lawyers for helping the defendant that need helps. It willplay a major role in diversified criminal legal aid system. The thesis starts from theconcept of the public defender,and then observes and understands the extraterritorialsystem, and next,analyses the present situation of China’s criminal legal aid system.At last, advises to establish public defender system for perfecting criminal legal aidsystem、the protection of human rights、the procedural justice and the impartiality ofthe law.The thesis is divided into four parts:First of all, it is a basic summary of the publicdefender system including the connotation、basic characteristics and theoretical basis.Second, it is a introduction of the outside public defender system including American public defender system、British public defender system and the public defendersystem of Taiwan area. Third,it is the author’s appeal to establish the public defendersystem in China including the analysis of present situation of China’s criminal legalaid system and the necessity of establishing the public defender system in China.Forth, it is the prospect of the the construction of the China’s public defender systemand some basic questions including the identity of public defender、organization ofpublic defender、qualifications of public defender、applicable conditions for publicdefender system and the supervision and protection of public defender system.
Keywords/Search Tags:Protection of Human Rights, State Responsibility, Criminal LegalAid, Public Defender
PDF Full Text Request
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