Font Size: a A A

The Prevention And Treatment Of Criminal, False And Wrong Cases From The Perspective Of Lawyers

Posted on:2018-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:D ZhangFull Text:PDF
GTID:2356330536465364Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,a large number of miscarriage of justice by the media exposure,through the study of these cases and analysis,we can see that there are some shortcomings in the prevention and treatment of injustice,but also need to be further improved and optimized.In analyzing the causes of these cases,it is one of the important reasons why the role of defense lawyers can not be effectively played.Effectively play the role of defense lawyers is to make a substantial guarantee of defense to ensure that the defendant can effectively and effectively exercise the right to litigation,to protect the defendant's basic rights and interests,balance the prosecution and defense forces both unequal,to promote justice,reduce miscarriage of justice result.This article focuses on the case of Zhao Zuohai,Zhejiang Uncle nephew case,Nianbin case,the three typical cases,the defense lawyer as the perspective of the case for the depth of the analysis,the cause of miscarriage of justice caused by the problem,and the legal analysis of these issues,followed by a solution.In addition,the lawyers in judicial practice are divided into lawyers in civil litigation and defense lawyersin criminal proceedings.The lawyers referred to in this article are defense lawyers in criminal proceedings.The first part of this article introduces the case facts and litigation of Zhao Zuohai and Zhejiang Uncle nephew case,and the common problems reflected in the three cases,namely,the oral use of the case,the evidence collection is dominated by the prosecution,The defense of the adoption of mechanisms to block these three issues.n the second part of this article,according to the legal problems reflected in the first part and the principles,the paper analyzes the rules of the prosecution,the defense and the prescriptions on the regularity of the use of the evidence and the regularity of the defense adoption mechanism problem.The third part of this article for the first part of the case caused by the relevant issues and suggestions.The use of confession in the mouth of the prosecution should be reflected in the use of the dictatorship of the three sides of the position,only three parties stand and communicate with each other to play a role in order to identify the authenticity of the confession.For the prosecution-led evidence collection,it should be introduced by the prosecution to collect evidence of the relevant obstacles to strengthen the defense lawyers to investigate and collect evidence,weaken the judge to evidenceof pre-trial,to ensure that the real trial of neutrality.In view of the mechanism of defense adoption mechanism,we put forward the way to improve the way of obtaining the lawyer's access to resources,to express the opinion to the defense lawyer,and to have the relevant feedback mechanism.
Keywords/Search Tags:lawyer perspective, litigation position, Prevention and cure of criminal injustice
PDF Full Text Request
Related items