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Study On The Right Of The Accused Scoring

Posted on:2015-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:H BaiFull Text:PDF
GTID:2296330431986482Subject:Law
Abstract/Summary:PDF Full Text Request
Marking is an important way to protect the accused to understand the informationrelevant to the case,an important way to obtain evidence,is also an importantprerequisite for equality with the prosecution against the accused and is exclusively therights of the accused.The exercise of that right can make a defendant in varying degreesto inspect the dossier and exhibits, and it is quested to be informed to the informationrelated to vital interests.The significance of the establishment is to protect the defendantin criminal proceedings to obtain adequately and timely information and to adjust thecontent of the defense strategy and defense.the subject theory of program and theprosecution and defense of equilibrium theory is the theoretical basis of the right toenjoy scoring for the defendant.Legislation and international conventions in the worldtoday,most recognize the rights of the accused to scoring.And the evidence of commonlaw countries and civil law countries Discovery System of scoring systems have thesame purpose,its function is the same commitments,Ensuring that the defendant isaware of the evidence for the prosecution.And the marking of the defendant is entitledto not only the right to protection of human rights, the require of the right to a defense,benefit of argument,right of cross-examination,but also to protect the accused right toknow the proper meaning.The marking system of the traditional civil law gives the scoring to the defendant’s rightto counsel,getting the full case information through information exchange betweencounsel and the defendant realized the defendant.But the traditional scoring system doesnot solve the defendant without counsel and special counsel in the case the defendanthas access to the full and effective exercise of the right to defense message problem.Inrecent years,with the development of the European integration process,The status of theEuropean Court of Human Rights increasingly show its importance.Under the influenceof a series of related referees,many European signatory countries gradually givingdefendants the right marking,defendant build a complete scoring system,in order toensure an effective defense,Achieve a fair trial.This article focuses on civil law countries scoring system through investigation andstudy,clarify the circumstances the defendant scoring limit, time, manner and content ofmarking,analysis of the European Court of Human Rights as well as the referee scoringon the defendant’s,our scoring system for the construction of the defendants to provide a reference.This is the view of the defendant’s rights beganmarking the prosecution phase,this is to minimize the disadvantages brought by thedefendant scoring,and on the scoring range is also given to certain restrictions.Theinnovation of this paper is divided into the defendant’s marking and non-markingdefendant accused of scoring,marking the defendant the right to have access toinformation through communication with the main defense lawyer,that defense counselorally informed by the defendant or a copy of the dossier read.No defender of theaccused to file saved through the authority to apply for the right to inspect the dossier.Toensure the effective enjoyment scoring defendant the right to remedy this article alsoafter rights have been violated,according to China’s Criminal Procedure Law remediesavailable to other rights,Adjournment, illegal evidence exclusion and remanded reliefand other measures to ensure that the problem can be effectively marking rights.
Keywords/Search Tags:Defendant, Marking right, Scoring, Legal Consequences
PDF Full Text Request
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