The Research Of The Right To Confrontation Of Criminal Defendant

The right to confrontation of criminal defendant is a basic right of criminal defendants, that accepted by many western countries under the rule of law and international human rights.The right to confrontation of criminal defendant is a minimum procedural safeguards to a fair trial of criminal defendants. From the perspective of protecting the rights of criminal defendants, to ensuring a fair trial and the realization of procedural justice under the perspective of legitimacy,The right to confrontation of criminal defendant finds the Legitimacy to require the witness to appear in court.Therefore,The introduction and establishment of the right to confrontation of criminal defendant into our country,can not only effectively solve the problem of witness not appear in criminal trial court,but also can contribute to the solution of problem of the sentence which is not made in the criminal trial court in our country.So it has positive theoretical significance and practical value.My paper is divided into the following five parts:The first part,From the perspective of basic concept,this chapter clarify the meaning, historical evolution and development and other relevant theories of The right to confrontation of criminal defendant.On this basis,Clearly put forward the elements of the right to confrontation of criminal defendant, and the distinction with other related legal concepts.This is the foundation for further research.The second part,Mainly analysis the reason that the right to confrontation of criminal defendant is accepted by the country under the rule of law and the international human rights treaties, the theoretical basis of the right to confrontation of criminal are the theory of limitation of power and the theory of due process.At the same time, the right to confrontation of criminal is agree with the principle of evidentiary adjudication. Besides, This chapter also discusses the value of the right to confrontation of criminal.The third part,This chapter starts to analysis of current situation of the right of to confrontation of criminal defendant in our country.Points out the the problems of he right to confrontation of criminal defendant in the legislation,which causes the right to confrontation of criminal defendant,in our country,can not be effectively guaranteed.The fourth part, combines the trend of development of rule of law in China,and the direction of the criminal procedure law to further improve,this chapter analysis the the feasibility and legitimacy of right to confrontation of criminal defendant that established in China.Points out that the establishment of the right to confrontation of criminal defendant is the inevitable trend of the constitutional development in our country.The fifth part, on the basis of analysis the concept, the related theory and the present situation of China’s criminal trial of the right to confrontation of criminal defendant,this chapter puts forward some concrete views and opinions to constructing the right of to confrontation of criminal defendant in our country.