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Study On The Alienation Of Criminal Defendant In The Right Of Open Trial

Posted on:2015-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhengFull Text:PDF
GTID:2266330428982944Subject:Law
Abstract/Summary:PDF Full Text Request
The author in the context of a socialist constitution, starting from the constitutional rights of criminal defendants, trying to sort out the alienation of criminal defendants in the right of open trial in our country, to recovery the fundamental procedural right satisfactory. Limiting state power and protection of human rights is consistent with the constitution and the code of criminal procedure, the successful practice of the procedural rights of criminal defendants in constitutional state show that look upon the right of open trial as a constitutional right is scientific. Domestic scholars have obtained that the open trial is a constitutional principle to ensure a fair trial, in constitutional state, it is also a constitutional and fundamental right of criminal defendants, the author is based on the constitutional right to explore. It had a significant change of cognition in the open trial of criminal justice to become a criminal defendant’s constitutional right, it is the inevitable result of the development of the history of human rights. The right of open trial has been written in Statutory law, and have a good operating, protect the open trial of criminal defendants has become common knowledge. China does not regard the right of open trial as a constitutional right. In practice, the alienation of the open trial have impairment the right of open trial, it is particularly necessary to study the alienation of the open trial in the perspective of constitutional rights.Criminal defendants get the right of open trial is an important fundamental procedural rights, it makes countries far away from arbitrary rule of man, which is the core of modern constitutionality. Criminal defendants in the right of open trial is based on " presumption of innocence " method, as an important constitutional rights of citizens in the criminal field, this right to supervision and restraint the power of government, through open trial and open verdict and other reasonable systems support, in the end, expression of the protection of human rights.
Keywords/Search Tags:open trial, constitutional right, democracy, right relief, alienation
PDF Full Text Request
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