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Accused Person Litigation Rights In Criminal Quick Judging Procedure Security Research

Posted on:2018-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:K LiFull Text:PDF
GTID:2346330515490133Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The criminal quick judging procedure since the pilot,the academic circle has been more focused on its operation in judicial practice,the accused person of litigation rights research but didnít get the attention it deserves.Criminal quick judging procedure a foothold is to improve the efficiency of litigation,under the limited judicial resources more simple processing of minor criminal cases,simplify the procedure and the litigious rights of the accused person should enjoy fully exercise the contradiction between,how in criminal quick judging procedure guarantee the litigious rights of the accused person is worth studying.According to the different procedure of criminal cases and simplified application itself is in conformity with the litigation law,and in criminal quick judging procedure in order to improve the efficiency of lawsuit,simplify the part of the litigious rights of the accused person is allowed,but one of the most important thing is to combine the characteristics of criminal quick judging procedure research that can not be simplified the litigious rights of the accused person.In criminal justice in our country,the litigation rights of accused person while in the aspect of law and judicial interpretation have a lot of clear rules,but these rights in practice often donít function,only stay on paper.Combining with criminal quick judging procedure itself,accused person of litigation rights system is not fully established,the focus of the protection of the rights is not prominent,and some such as licensor,procedure option has not been specified.About the litigation rights being prosecuted people exercise in the judicial practice,the author combined with internship experience in a more detailed analysis,it sums up the accused person in the practice of criminal quick judging procedure some of the reasons for inadequate protection of the litigation rights,such as imbalance of the relationship between justice and efficiency being prosecuted people "objectification" litigation status and the lack of related laws and regulations.Aiming at being prosecuted in criminal quick judging procedure inadequate protection of the litigation rights,the author in comparison to investigate country on the basis of the experience put forward some Suggestions for perfecting.First of all,is the clear will licensor and the procedure option gives people being prosecuted,timely and accurate knowledge and information about the case,is being prosecuted people participate effectively in the basic guarantee of criminal procedure,this is also being prosecuted a natural continuation of the status of the subject of litigation.Give accused people procedure options can help to enhance the efficiency of criminal procedure,also helps to improve the legitimacy of criminal action results.The second is to carry out the duty lawyer system,let each applicable criminal quick judging procedure cases are on duty lawyerís participation,the maximum to protect the legal rights of the accused man.Final sentencing consultation system is established,on duty lawyer involved in the sentencing of the prosecuting and defending parties in negotiation,guaranteeing timely exercise accused person the right of sentencing dissent.Finally starts with the premise of applicable criminal quick judging procedure,strict examination of the accused man confessed voluntary,ensure the legitimacy of the criminal quick judging procedure and truly " Simplify procedures,Donít reduce the rights ".
Keywords/Search Tags:criminal quick judging procedure, the accused, procedural rights
PDF Full Text Request
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