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Study On The Realization Of The Criminal Lawyer’s Right Of Defend

Posted on:2014-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y LuFull Text:PDF
GTID:2256330401961688Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The word "defense" in the legal sense of the terms is the criminal proceedings. Theright to counsel is based on the commission of crime suspects, defendants, under the lawof suspects in criminal proceedings, the defendant to get a lawyer to help democraticrights. This paper discusses the right to counsel the world important rights given to thelawyers, human rights protection, highlight a country’s political civilization and the ruleof law is of great significance. To sense.Enjoyed as a lawyer is an important right, theright to counsel can not only protect the suspects, the legitimate rights and interests of thedefendant, but also oversee the investigative organs, procuratorial organs exercise theirpowers in accordance with the law, has an important significance in building a socialistharmonious society. It is this important right, there are some problems in our country’sdevelopment status, the modifications of the2012Code of Criminal Procedure for theproblems with a certain degree of improvement, but there is still a legal system indeveloped countries in the world within inadequacies.This paper analyzes the way for further development of the right to counsel anddirection. Use of historical research and comparative study of analytical methods toanalyze the value of the right to counsel, the development status and problems of theadvanced experience of developed countries and regions in contrast to the rule of law theright to design, the development of China’s right to counsel from several new the Code ofCriminal Procedure "not involved further countermeasures perfect right to counsel. Thispaper is divided into four parts.Highlight the value of the right to counsel in criminal proceedings, the first part ofin-depth discussion. From the protection of human rights, procedural fairness, theanalysis of the relative system and the effectiveness of the proceedings in the theoreticalsignificance of the right to counsel. Thus the need for analysis of the right to counsel incriminal proceedings.The second part of the study examined the relevant legislative provisions on theright to counsel for extraterritorial and Hong Kong and Macao regions. Comparativestudy focusing met the right marking the right, Investigation Power Professional Immunity, the presence of the right and the legal aid system in several aspects of theprovisions of the Lawyers’ Right, and summarize the from the access to the revelation inorder to our lawyers defend rights the perfect a reference.The third part of2012the new Code of Criminal Procedure and related judicialinterpretation of the provisions of the points on the right to counsel has progressive sortout, from the study of the relevant legislative provisions to counsel system, and on therealization of the right to counsel an important role.Finally, Part IV summarize the basis of the previous analysis, drawing oninternational range of useful experience and practices through the analysis and evaluationof the existing right to counsel, proposed several countermeasures to make our countrythe right to counsel more perfect. I hope this proposal, with reference to the value offurther improvement of the right to counsel.
Keywords/Search Tags:Criminal Lawyer’s Right of Defend, Protection of Human Rights, Meets Rights, Marking Right, Right to Investigate and Collect Evidence
PDF Full Text Request
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