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The Protection Of The Defendant's Right In The Criminal Procedure

Posted on:2018-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:D WangFull Text:PDF
GTID:2336330512995065Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,on the one hand,the minor criminal crimes such as theft,dangerous driving sin proliferated;On the other hand,the judge system,trial centered and the implementation of the system in our country grass-roots courts judicial personnel shortage,two aspects of conflict between highlight.In order to solve the contradiction as soon as possible,and ensure the public psychological stability,the stable of society,safeguard judicial authority,referring to the judicial practice of the United States,Germany and other countries,combined with the principle of cost and benefit,our country since 2014,has carried out the pilot work for the criminal rate cut.Experimental results from all over the country,and criminal speed cutting process is to resolve the current exploding the powerful weapon of case,also have alleviate overcrowded detention places,reduce the defendant physical and mental burden and ease social contradictions,and other functions.In the defendant in criminal speed cutting process,the meaning of human rights protection has become more prominent,because of the criminal rate of decrease in the cutting process itself is part of the defendant's rights deprived,therefore should be stepping up efforts to protect the defendant.How to reconcile with "justice" as the core of the defendant's rights and to "efficiency" as the essence of criminal speed cutting application?How to safeguard the rights and interests of the defendant in sentencing?Human rights protection is not only the criminal speed cutting program soul and vitality,it is also is the core value of criminal procedure law.Join each other this article is divided into four parts,the content is as follows:The first part is the introduction of the background,research status of criminal speed cutting program was carried out,and to study the problem of meaning and purpose,and the research scope is defined,the research method is mainly based on the analysis of the trial process,proportion of cases,and analyses the effect of pilot areas.The second part is a summary of criminal speed cutting procedure rights configuration,through made a review on the development of the whole system, defining the 'basic concepts,and in the legislation analysis of the rights of the defendant configuration.The third part is the empirical analysis of protecting defendants'rights,the legislative status review,according to the typical cases in the judicial status of the trial process,the distribution,the trial of criminal speed cutting application proportion were analyzed,and the outstanding pilot court system characteristic,looking for the weak link of protecting defendants' rights and analysed.In the fourth part is to perfect the criminal speed cutting program configuration,the defendants' rights mainly aimed at the shortcomings of the third part,through inductive analysis of the trial court experience worthy of learning,combined with the actual,put forward the whole process optimization program,set up legal aid and so on.The paper argues for the criminal rate cut can simplify omit procedure should be compressed as much as possible,such as omitting unnecessary turnover cases,such as establishing the information sharing between systems,etc.But for the help guarantee the defendant's rights procedures,should not compressed by reduction program,compared with the ordinary procedure,should pay more attention to the protection of the defendant right details.
Keywords/Search Tags:Criminal cases, Speed cutting program, Right configuration, Justice, Efficiency
PDF Full Text Request
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