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The System Research For The Criminal Suspects’ Right Of Knowing Evidence

Posted on:2015-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:X C DengFull Text:PDF
GTID:2296330434452476Subject:Law
Abstract/Summary:PDF Full Text Request
The criminal suspects’right for evidence is refers to the criminal suspect has the right to obtain evidence information related to their case.It’s an important right to the suspect.It;s premise and foundation for suspect to exercise the right. But our city is still not give the right to suspect.In fact, most of the criminal suspect to use their own lawful rights and interests cannot effectively in the future.This article adopts the way of the theory with practice and comparison research. Licensor on the one hand, the western countries is the criminal suspect evidence, on the other hand, the current situation of the legislation of our city and judicial status quo, it is concluded that the gap between our country and western countries and our country can’t copy the western model of reason, hope to be able to perfect the criminal suspect to our country evidence legislative sense of licensor.In this paper, the text is divided into five parts. The first chapter the suspect evidence theoretical basis of licensor. In1963, in the United States brady v. Maryland murders caused a problem of our country suspect evidence licensor’s thinking. And the theoretical basis, properties of the criminal suspect evidence licensor and and the related concept of differentiation.The second chapter suspects licensor evidence of Chinese and foreign comparative analysis. Combined with the actual state of legislation in the suspect evidence licensor and judicial practice present situation and the outside licensor evidence about the suspect for comparative analysis.The third chapter our country criminal suspect evidence legislation defects and cause analy of licensor. This chapter includes two aspects. One is that the criminal suspect licensor legislative defects in our country, respectively from the present criminal suspects to obtain evidence of defects, is used as the evidence of expert opinion told defects and defense lawyers to the relevant criminal suspects to verify the flaws of the evidence for analysis. Second, the legislative defects. Respectively from the criminal suspect evidence showing the existence of hidden dangers, lawyers professional ethics problems and marking right controversial decisions in the hands of the prosecution to the analysis of existing problems.The fourth chapter our country present stage can’t apply the cause and the criminal suspect licensor evidence discovery system feasibility. This chapter through the evidence system in our country, the judge neutrality and litigation mode of analysis at this stage can’t set up the system of discovery of conclusions, and then analysis the current evidence is given to establish the criminal suspect the cause of the licensor.Chapter five Suggestions for the perfection of our country criminal suspect evidence licensor. Respectively from the licensor with the criminal suspect, a defense lawyer evidence of security, told the expert opinion, the protection of the witness system as well as to the criminal suspect infringement Suggestions evidence of licensor remedy.
Keywords/Search Tags:the criminal suspect, evidence licensor, perfecting suggestion
PDF Full Text Request
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