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Procuratorial Link Safeguard Of Right Of Criminal Defense Lawyers

Posted on:2017-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
GTID:2296330485469376Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Prosecution as a national statutory organs for legal supervision, has responsibility to protect the effective exercise of the right of criminal defense lawyers.However, since the national emphasis on the traditional concept of combating crime litigation, construction litigation opposition on the principle of legislative and fuzzy and so, in practice, the prosecution had failed to respect and protect the rights of the defense lawyers, the prosecution failed to achieve security functionality and compliance with legal safeguards obligations. "Meet the difficult, scoring difficult, difficult investigation" is still emerging, missing the right to relief programming still prevent defense counsel claimed relief. Over time, both the prosecution and the defense will certainly lead to imbalances affecting the protection of human rights of suspects in criminal proceedings, the defendant. Therefore, the prosecution of Criminal Defense Lawyers link Right Security System Construction imperative.Based on the theory and analysis of relevant legislation and empirical analysis of judicial practice related rights, and protection of the right to run summarize the main issues, so as to put forward a sound system of rights and ideas.Taking the Procuratorial link protection rights of the defense criminal lawyer for the purpose and research centers. First of all, in theory, the criminal defense lawyer and the right to protect our country specific analysis, including what role the prosecution should be positioned to protect the rights of the defense counsel and the connotation of criminal defense lawyers the right to protect the base, meaning security and other related basic theory.Secondly, the current situation in judicial practice of criminal prosecution to protect rights of the defense attorney to inspect introduces the basic status of China’s judicial practice at the present stage the defense lawyers, as well as criminal defense lawyers summed up their right to run in the security problems and the concept of because criminal defense lawyer inadequate protection of the right to legislative, judicial, system analysis and so on. Thirdly, some countries outside the right criminal defense attorney to inspect security systems, and our lawyer and criminal defense right security system compare to absorb learn the advantages of its security concept, system design, and other aspects of the protection mechanism.Finally, on the basis of the above studies combined with foreign advanced the concept of the rule of law and the security system, make recommendations in procuratorial tache of the prosecution lawyers should be how to protect the rights of the defense criminal. How it should include the prosecution of criminal defense lawyers to protect the right to perfect the legislation, how they relate to relief program should be designed and how the judicial practice should form long-term mechanism to improve the security system of the procuratorial criminal defense lawyer right.
Keywords/Search Tags:Prosecution, Defense counsel, Criminal defense rights, Safeguard mechanism
PDF Full Text Request
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