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Study On Criminal Defendant's Right To Pledge And Its Perfection

Posted on:2019-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:L F ZhangFull Text:PDF
GTID:2346330542977719Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In the context of comprehensively promoting the trial-centered reform of the criminal procedure system,it emphasizes that the trial stage is the core and abandons the old ideas centered on the investigation phase in the judicial practice.Its core requirement is to protect the defendant's pledge.The criminal defendant is one of the important aspects of protecting the defendant's right of litigation and the concrete manifestation of the party's criminal justice system.The defendant on the pledge as a constitutional right to a fair trial,not only for the faster realization of the case of objective truth and procedural justice,but also help to prevent or reduce the occurrence of miscarriage of justice.For the criminal defendant on the concept of pledge,simply said that the defendant in the course of the proceedings have the right to ask and against the witnesses face to face a challenge.The article focuses on the brief introduction and analysis of the defendant on the quality of the system related issues and knowledge of the comb,the article is divided into three parts,the introduction,the text and the conclusion,the text part is divided into five chapters.This paper mainly adopts the methods of historical analysis,comparative analysis,empirical and case analysis,starting from the defendant's interpretation of the pledge system,taking the defendant as the main line of the pledge of the pledge,through the discussion of the quality of the activities of ancient and modern,So as to find the defendant on the existence of the pledge in our country.And through the analysis and research of these issues put forward my views,so that the legitimate rights and interests of the defendant to be further effective and adequate protection.He mountain jade,you can attack the stone.In terms of procedural legitimacy and the protection of human rights,the defendant has far-reaching significance to the pledge,and our criminal legislation lacks the standard of the defendant's pledge,the judicial practice lacks the elaboration of the defendant's pledge and the defendant The basic theory of human rights and other issues,in view of this,I defend thedefendant on the basic theory of the quality of the problem and its content to do an introduction that China's criminal procedural law should face the problems in judicial practice,"fine" The legislative thinking mode of the legislation,on the basis of further clarifying the defendant's litigation right,perfect the defendant's court in the court of the quality of the procedures,in order to meet our national conditions and the status quo,the trial as the center of the criminal justice system reform play a role.
Keywords/Search Tags:Criminal defendant, right pledge, existence problem, constitutional action
PDF Full Text Request
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