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Improvement Of Criminal Summary Procedure From The Perspective Of Human Rights

Posted on:2016-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:S X FengFull Text:PDF
Abstract/Summary:PDF Full Text Request
On the value of criminal summary procedure has been discussed mostly in improving the efficiency of lawsuit and the realization of judicial justice, few people mentioned the protection of human rights value. As a kind of simplified criminal trial procedure, carrying the punishment of crime and protection of human rights of the two value goals, however due to the pursuit of the efficiency of lawsuit is greatly simplified, which makes the lawsuit participates in the proceedings’ restricted to a great extent, this also is the main cause of its fair value has been suspicion. Compared with the ordinary procedure, how to better realize the value of human rights protection of criminal summary procedure is particularly important.The value of criminal summary procedure includes improving the efficiency of the proceeding, realizing the judicial justice and safeguard human rights from this three aspects. Because of the particularity of the summary procedure, making the litigation rights protection in the value of the summary procedure system be the most basic and essential value position. The main body of the protection of human rights in the summary procedure should be included in the defendant, the victim and the other participants in the proceedings, the defendant and the victim, as the litigant is likely to suffer from the abuse of judicial power threat, so it is important to emphasize the value of human rights protection for them. Throughout the world about the legislation of criminal summary procedure, mostly very emphasis on the guarantee of human rights, such as the damage to the rights of the defendant to compensate the summary procedure, most of the regulations of the state, the summary procedure can give punishment for the defendant, etc. the criminal procedure law of our country pay more attention than ever to the protection of human rights in the summary procedure, such as giving the defendant to the summary procedure consent, provisions must send its personnel to the court, but it still has many shortcomings, such as the contents of the legislation of summary procedure, procedure of rough justice is not guaranteed and so on, these are legislation needs to be improved and perfected.The perspective of human rights for the perfection of criminal summary procedure in China is based on the consideration of its human rights value, analyzes its existing problems and perfect. This article is based on protecting human rights of criminal summary procedure value perspective, by emphasizing the value and importance of legislation and judicial practice to implement the protection and the value of it is not yet in place, resulting in summary procedure when participants in the proceedings of human rights can’t get good protection, raises problems of summary procedure in terms of human rights protection in our country, then put forward the perspective of human rights in our country some suggestions for perfecting the summary procedure, so as to complete the purpose of this study.
Keywords/Search Tags:Criminal summary procedure, Human rights protection, Procedure efficiency
PDF Full Text Request
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