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On The Protection Of The Accused Right Of Defense In The Criminal Quick Decision Procedure

Posted on:2019-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:T YangFull Text:PDF
GTID:2416330566476382Subject:Procedural Law
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In 2014,the Supreme People's Court and the Supreme People's Procuratorate to launch the pilot work of the criminal quick decision procedure in 18 regions.In the two-year pilot practice,the quick decision procedure showed the advantage of being able to deal with cases quickly and efficiently.But also has the insufficiency aspect to appear.The introduction of the quick decision procedure is the embodiment of the multiplicity of the litigation procedure,which accords with the practical demand of dealing with the complicated and diverse criminal cases.However,in order to achieve the purpose of expedited adjudication,the cases tried by the speedy adjudication procedure are driven by the shortening of the time limit of the proceedings,the simplification of the procedure and the “burden relief” mentality in which the prosecution expects the speedy completion of the case.Will lead to the right of protection cannot be fully exercised.The right to defense is a basic right of action enjoyed by the accused.The full exercise of the right of defense is an important condition to ensure the fair adjudication of a case.The speedy adjudication procedure must take into account the fairness of the case trial while realizing the efficiency.Therefore,it is of great significance to guarantee the full exercise of the accused's right to defense in the criminal quick decision procedure.Although there will be contradictions between the prompt adjudication procedure and the full exercise of the right to defence,this contradiction can be resolved.By strengthening the knowledge of the accused about the application of the expedited procedure,the prosecution can ensure the prosecution's true and voluntary choice of the expedited procedure.Giving the accused person the ability to reverse the proceedings,the right to relief,to clear the sentencing system of the accused,to improve the system of assisting duty lawyers,to strengthen the protection of evidence-related rights to maintain the exercise of the right to defense under the simplified procedure and improved efficiency is conducive to the realization of the justice of the speedy adjudication procedure.Making a clear and unified law is the basis for the speed-adjudication procedure to be standardized,and paying attention to the protection of the right to defense of the accused in the fast-adjudication procedure is conductive to the unification of the case under the premise of ensuring the efficiency of the case.
Keywords/Search Tags:Criminal quick decision procedure, Protection of the right to defense, Duty counsel system, Efficiency and justice
PDF Full Text Request
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