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The Theory Of Confession Right

Posted on:2019-08-15Degree:MasterType:Thesis
Country:ChinaCandidate:Z W ZhouFull Text:PDF
GTID:2416330545465876Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
It has always been a difficult problem in the judicial practice,and the confession right is based on the thought of this difficult problem,which undoubtedly provides a new way to solve this problem.Confession right is essentially an extension of the right to defend,look from the right attribute it is not only a kind of moral rights,rights is also a kind of public law,is a kind of procedure and entity with the combination of rights,in the near future will become a legal right.It is not only the value of procedural justice and substantive justice,but also the requirement of the restriction of power.Original claim rights exist many of its legitimacy theory foundation,calls the rising with the guarantee of human rights,and the constant improvement of the defendant's procedural rights,the justice of procedure in the legal system also increasingly highlighted.As the law continues to improve,natural rights such as the right to resupply will be gradually recognized and written into law.At present,China is undergoing tremendous changes in the field of rule of law,which is also capable of developing the rule of law.In implementing confession on the right to establish,faces many challenges,this is the new things necessary process of growth,especially the investigation mode of oral confession and confirm the rules of the challenge,but establish original claim rights has its necessity and feasibility of it is not only the inevitable requirement of the presumption of innocence is also forced self-incrimination is forbidden in the righteousness,in the context of the rule of law and judicial reform,through the specific provisions of legislation and system gradual reform,I believe that the establishment of the right of confession in the near future will become a reality.
Keywords/Search Tags:confession, confession right, human rights
PDF Full Text Request
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