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A Study On The Safeguarding Mechanism Of The Prosecuted Person In The Criminal Procedure

Posted on:2018-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:P WuFull Text:PDF
GTID:2336330515971122Subject:Science of Law
Abstract/Summary:PDF Full Text Request
June 2014,the criminal speed process in 18 cities in China began pilot.Speed cutting procedures can improve the efficiency of litigation,ease the case,the judicial resources of the contradiction.However,the speed cutting process is simpler than the simple procedure,as the name suggests,which is through the simplified procedure to achieve the purpose of enhancing the efficiency of litigation.Therefore,in the speed of the process of the pilot process,I noticed a problem,that is,the speed of the proceedings in the prosecution of the right will not be affected?How to reduce the procedures at the same time do not reduce the right to be prosecuted.Based on this starting point,the author of the current speed cutting procedures for the prosecution of the rights of some of the basic issues of thinking.In June 2016,the two-year speed-cutting process had been piloted.In the course of the pilot process,the speed of the program on the prosecution of the lack of protection of the problem has been highlighted.For example,the right to be prosecuted is low,the "pilot" approach and the provisions of the duty lawyer system does not play its due role.Based on this,the author selected the criminal speed of criminal proceedings in the prosecution of the rights of protection as the focus of the study.The text consists of five parts:The first part is the introduction,mainly introduces the system background,the practice background,the research status quo at home and abroad,the research significance,the research method,etc.,The domestic research situation combs the current situation of the prosecuted personís rights protection The focus and foothold,and made a summary.For the subsequent writing of the general idea of the guide.The second part is the exposition of the value of the rights of the prosecuted person,and there is no doubt that the speed cutting procedure is the procedure to enhance the efficiency of litigation and save the judicial resources and satisfy the efficiency value in the criminal procedure.But efficiency and justice are dialectical unity,how to balance the relationship between the two is to be prosecuted for the protection of the value of human rights.In the third part,the author analyzes the problems and the reasons of the protection of the rights of the prosecuted person in the process of the speed-cutting procedure in our country.Through the analysis of its causes,the key to find out the problem lies in laying down the way to solve the problem Foreshadowing.The fourth part is to compare and introduce some experiences and methods on the protection of the rights of the person being prosecuted in the process of speed-cutting.The research on the speed-cutting procedure is earlier and has risen to the height of legislation.Todayís world is an open world,for the benefit of foreign countries,our country can be based on specific reference and analysis.The fifth part is the author of the speed of the proceedings in the prosecution of the rights of the prosecution of the problems raised by the corresponding solutions and thinking.It is hoped that this article will provide some reference for the study of the rights protection of the prosecuted person in our country.
Keywords/Search Tags:Criminal quick trial procedure, Efficiency of litigation, Litigation rights
PDF Full Text Request
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