Research Into The Protection Of The Right Of Defense Of Suspects From Humanitarian Perspective

The weak in some specialized situation——suspects, the protection of their rights of defense is particularly important. Every accused has the right to any and all defenses the law recognizes and permits—e.g., insanity, mistake of fact, or self-defense. An accused having the right to resort to several defenses may make an election as to the one on which he or she will rely. The fact that one undertakes a crime on the advice, or as the agent, of another is not a defense; on the other hand, except in the case of homicide, an act that would otherwise constitute a crime may be excused when committed under duress or compulsion that is present, imminent, and impending, and that produces a well-grounded apprehension of death or serious bodily harm if the act is not done. Because Chinese judicial authority lacks humanitarian perspective, many problems impede the realization of suspects’ defense rights. Based on humanity, this paper explores suspects’ defense rights. The key point of this paper is to fulfil their rights, respect and protect their benefits. The paper consists of four sections:First section:Summarize the rationale of humanity and suspects’ right of defense. Then explain the humanitarian basis for the right of defense.Second section:Compare the international legislation, the British, the US and Chinese mainland laws in terms of the right of defense, and analyze the protection of the right of defense of the extraterritorial suspects.Third section:Analyzing the legislation of the right of defense and its application to find out the existing problems and explore the causes of problems from a humanitarian perspective.Fourth section:Through changing the idea and mode of lawsuit, improving the defense right of suspects, establishing the corresponding system to create an effective legislation system according to the domestic situation。...