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On The Perfection Of Appointed Defend System

Posted on:2015-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:T LaiFull Text:PDF
GTID:2266330425495582Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Appointed defend system has been accepted by many countries in the world as a system of abtaining lawyer’s defense.Appointed defense is state responsibility in essence,in other words procedural obligatio in order to achieve fair trial.In consideration of application of appointed defense,the biggest controversy is not denying its’ necessity,but the anxious of valid application.International covenants as well as developed coutries’ legislation and judicial practice demonstrate that appointed defense has diverted from form effective to real effective. The new Criminal Procedure Law has made progress in appointed defend system to a certain degree,but we didn’t establish effective defense principle,the extension of appointed defense application scope is just form effective,didn’t involve in real effective.The effect of appointed defense is not optimistic,some real gaps still exist compared with international legal norm of appointed defense.In order to in accordance with the minimum demand of international legal norm of appointed defense,this text will analyze the legislation defect and practice situation of appointed defense,and then proposing perfecting measures which possessing realistic meaning,thus achieving common values such as safeguarding human rights and justice.
Keywords/Search Tags:Appointed Defense, Form Effective, Real Effective
PDF Full Text Request
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