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Theory Of Investigation Procedure Of The Right And Its Security

Posted on:2013-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:Z Z ZhangFull Text:PDF
GTID:2296330362463933Subject:Law
Abstract/Summary:PDF Full Text Request
Is the constitution and laws of the right to the criminal suspect, the defendant and hisdefenders in criminal procedure of one of the most basic enjoy litigation rights. In a certaindegree, criminal proceedings of history of civilization is the history of the development of theright. Ensure the effective exercise of the right to the criminal suspect, is to protect the legalrights of the criminal suspect, reveal criminal judicial democracy and integrity of internalrequirements; Is the maintenance and realize country litigation rights democracy, the rule oflaw the important embodiment of civilization. However, because for a long time in ourcountry’s criminal procedure investigation of defense system is not perfect, investigationphase of the right of the criminal suspect is difficult to be effectively guarantee, in the courseof investigation of torture, illegal evidence that infringe upon the lawful rights and interests ofthe criminal suspect to ongoing events, the lawyer status vague and practice to realize thelitigation rights, hinder our country criminal litigation function of human rights protectionplay. Although2012years the provisions of the criminal procedure law amendment to China’sinvestigation process in the improvement of the defense system, but in my opinion, to reallychange the criminal suspects investigation procedure of the right to security of the poorconditions, need to further improve the criminal investigation mode, from established theinvestigation procedure judicial review mechanism, truly established innocence presumptionprinciple to reform the way such as the current investigation system and investigationprocedure. This paper discusses the concept of right, the effect of the right to security in theinvestigation procedure to make an analysis of the factors, the author investigation procedureof the right to the protection of the present situation and the existing problems, and finallyputs forward some effective safeguard China’s investigation of the right to stage the somegood ideas.
Keywords/Search Tags:Investigation procedure, Criminal suspects, Lawyer, Right to defense
PDF Full Text Request
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