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A Study On Rights Relief Of Criminal Victim

Posted on:2018-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y F ZhangFull Text:PDF
GTID:2346330542953674Subject:Law
Abstract/Summary:PDF Full Text Request
The criminal suspect is surely having the weakest litigation rights of the world,even compared with the criminal defendant;they have also weaker rights,more vulnerable and difficulty.Civilization and rule of law in the country should give the strongest to the weakest protection.However,ether in the theoretical circle or the judicial practice of our country,there has no enough attention to guarantee the right of criminal suspects.To judge a country or social members enjoy the rights of actual conditions,first of all,the amount of rights according to law of the people,but more important is based on people's right to relief or safeguard mechanism and the system is reasonable and perfect.This paper puts forward three against the criminal suspect litigation rights problem,respectively is: existence of illegal distrait,and relief difficult;Has decided not to prosecute the remedy mechanism is not perfect;Lack of specific operation steps right to legal aid.Since then,around the above three questions,this article analyzes its reason,think of all sorts of problems in criminal detention reason is: the nature of criminal detention positioning is not scientific,seizure start program,storage system is not sound,return system is not sound,etc.;Think has decided not to prosecute run obstacle is: has decided not to prosecute the scope of discretion is too small and the standard fuzzy,has decided not to prosecute applicable way too single and program trivial,has decided not to prosecute supervision mechanism is not sound,has decided not to prosecute the supporting mechanism of serious lag,etc.;Think the reasons of the obstacles for lawyers,lawyers in the case of small proportion,intervention in the form of legal aid,prosecutors and lawyers in the communication barriers,low quality of the part of the lawyer or illegal,illegal behavior,etc.Finally,based on the above reasons,put forward by the system is seized into the enforcement measures,further reform,safekeeping and return system and the illegal seizure of the relief system,and is engaged in the supervision and review,afterwards relief,strengthening the construction of judicial environment to enhance the level of legal aid and so on ways to improve the above problems.
Keywords/Search Tags:Criminal Suspects, Litigation Rights, Security, Problems, Perfection
PDF Full Text Request
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