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On The Protection Of Rights Of The Defendant Of The Death Penalty In China

Posted on:2014-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:Q J LiFull Text:PDF
GTID:2296330422989975Subject:Law
Abstract/Summary:PDF Full Text Request
Death penalty is deprived of criminal penalty of life. Now retain the deathpenalty in our country’s historical conditions, the death penalty defendants legalrights are ignored, aggression, lack of natural rights seriously, the grim situation ofrights protection. This article through to our country, the present situation andproblems of execution of the type of the defendants’ rights and their reproductiverights, rights of hospice care, execution option, organs and remains focused on theright of use and other rights, in order to clarify its should enjoy basic rights, andanalyzes the reality of the situation of its rights, based on the penaltyhumanitarianism thought, to carry out the idea of people-oriented and respect andprotect human rights, the implementation of humanized management, pay attentionto humanistic care, and put forward some legislative and judicial aspects of how toprotect the rights of the concrete countermeasure and the suggestion, in order tocause and the national related department attention, to the death penalty to protectthe defendant’s rights of zhenhai, do contribute to contribute. In addition to theintroduction, this paper mainly divided into the following four parts:The first part of the death penalty in our country the main types of defendants’rights were summarized in this paper. First of all the legal rights of life and health,personal dignity, the right of privacy, freedom of religious belief and the folk customrights and litigation rights, state purchasing list; Then the right of hospice care innatural rights, marriage and cohabitation,"reproductive rights and options, bodyorgans and disposition has carried on the brief description, so that the readers of thebasic rights have a preliminary cognition, so as to lay a foundation for furtheranalysis. The second part of the death penalty in China focuses on the reality of thesituation and the defendants’ rights status analysis and discussed, points out theproblems existing, enumerates the manifestation of defects and damage of theirrights, and provide the following solutions of the problems is put forward to do somepreparation.The third part based on the practical work of the author in police detentioncenter in full, picked on the death penalty is a typical case of the defendantmanagement, education, and in practice for carrying out the humanized managementfor the death penalty is the defendant, actively safeguard their rights for somenecessary exploration.The fourth part through the analysis of the above three parts, on the deathpenalty the defendants’ rights safeguard puts forward some corresponding legislativeand judicial aspects of the positive Suggestions and comments.The innovation of this article is a combination of (1) the author’s workingpractice, fusion humanitarian punishment idea, creatively put forward for thedefendant to death penalty humanized management, pay attention to mental care, andputs forward some countermeasures and solutions of the specific practices and makehas clear between subject and reality, this paper makes an entire article havingsubstance in speech;(2) on the writing style, this paper made some bold attempt,trying to combine academic papers and working practice, tries to blaze a trail in thenew way of law master graduate student degree paper.
Keywords/Search Tags:Rights, The death penalty the defendant rights, Rights protection
PDF Full Text Request
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