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On The Right Of Criminal Self-defense

Posted on:2018-09-16Degree:MasterType:Thesis
Country:ChinaCandidate:X H WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The effective implementation of the right to defense of the accused is entrusted to the defender.As the criminal procedure of the protagonist,the active defense nature more endowed with others,with no initiative meeting,passive reading,investigation,effective implementation of the autonomy of the defense rights always depend on the role of the defenders,resulting in between him or her and the defender and the prosecution cannot in equal status and the countermeasure,"break defense",appeared in court in the adverse situation is relatively weak,and the situation is not conducive to the essence of the accused person of life dignity,personal freedom rights,is not conducive to the effective implementation of self defence right now,and the infringement of personal property rights and the personal rights can be used since the date of the compulsory measures adopted by the public security,all cannot do without the right to defend not only from the literal form to the accused in the main element From the essence,more effectively protect the implementation of self defence right of criminal defendant,guarantee the defendant initiative request to meet,the needs of the reading and the investigation,and considering if given by too many defendants procedural rights,it is not conducive to the case investigation,final judgment is not conducive to the case.How to locate the relationship between the accused and the defender.All these need to protect the effective realization of the right of the accused from the legislative and judicial level,and cannot do without the recognition and application of the legal community judicial philosophy and judicial procedures,cannot do without everyone in the social life of the understanding of the law,and all of this will be beneficial for judicial justice in the national to better development,to guarantee the realization of the right of self defense of the accused and the respect for his life and dignity.
Keywords/Search Tags:self defense right, meeting right, investigation right, reading right, legal protection
PDF Full Text Request
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