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Thinking Of Criminal Accused Person Right Of Constitutional Protection

Posted on:2017-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y M LeiFull Text:PDF
GTID:2296330485474059Subject:Law - Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
For the purpose of effectively protect the rights of criminal accused person, all countries pay attention to the rule of law civilization from the height of the constitution to strengthen the protection of the criminal accused person, therefore have appeared in the world within the scope of the criminal accused the trend of the rights of constitution. As the process of our rule of law on the right track, our country also started to pay attention to strengthen the rights of the criminal accused person, constitution and some important rights of criminal accused person was incorporated into the constitution norm, become one of the basic rights of citizens;These basic rights under the guidance of the criminal procedure law was perfected continuously. But the criminal accused the rights of constitution in China still exist many problems, main show is: "torture" in the criminal justice activities, such as "detention" serious violations of criminal accused people basic rights still frequent, being always can’t stop.Investigate its reason, on the one hand, some of the important criminal accused people basic rights exist in the absence of constitution or invalidity, on the other hand, the lack of enough punitive and the constitution of our country relief, the constitution is not implemented.Winging this situation not only damaged their rights, but also hard to avoid lets other people heart of panic, and thus aggravate the people don’t trust of jurisdiction, these negative emotions become the thorns on the road of the advanced countries under the rule of law.therefore, will significantly improve the existing criminal accused person situation, must will be the international consensus on important litigation rights of criminal accused person properly prescribed in the constitution, principles, and under the concept of "human rights" to build up the scientific and rational criminal procedure to respect and implement these basic rights, and to establish a set of in view of the criminal accused person constitutional rights violations of sanctions and remedy mechanism, to make those rights are no longer false, but the real can provide them with security. Now as the ruling party proposes promoting the rule of law, we will deepen reform of the criminal justice system in the historical period, in order to strengthen the constitutional protection of rights of criminal accused person, standardize the power of the state judicial organs to exercise, guarantee basic human rights of criminal accused person, the greatest degree control the occurrence of criminal justice, legal justice provides the favorable opportunity, also made to explore the rights of criminal accused person constitutional protection has more practical significance.
Keywords/Search Tags:the constitution, Basic rights, The criminal accused person, rights
PDF Full Text Request
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