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Research On The Protection Of The Rights Of The Defendant In Criminal Quick Trial Procedure

Posted on:2020-11-13Degree:MasterType:Thesis
Country:ChinaCandidate:J M ChenFull Text:PDF
GTID:2416330572486789Subject:legal
Abstract/Summary:PDF Full Text Request
In 2014,the Criminal Quick Trial Procedure was carried out in 18 cities throughout the country in the form of pilot projects.In the following four years,the central judicial organs continuously issued normative documents to promote the work of the Criminal Quick Trial Procedure.After a lot of practice,the Criminal Quick Trial Procedure officially became the legal procedure of our criminal procedure in2018.Judicial practice in the past four years shows that the Criminal Quick Trial Procedure has achieved good results in improving the efficiency of litigation,realizing the simplicity of cases,optimizing the allocation of resources,and resolving the contradiction between the number of cases and the number of cases.The purpose of speedy criminal adjudication procedure is to improve the efficiency of litigation by simplifying the procedure.If we can not simplify the procedure without reducing the rights,to a certain extent,it will impair the procedural justice and reduce the possibility of substantive justice.In view of the importance of human rights protection in criminal proceedings,it is necessary to strengthen the protection of the rights of the accused in the criminal expeditious adjudication procedure.However,from the perspective of legislation and judicial practice,there are still many problems in the protection of the rights of the accused in the criminal summary procedure.For example,the defendant does not have the right to start,the status of the lawyer on duty is not clear,and so on.The solution of these problems will better promote the operation of the criminal case quick adjudication procedure and achieve the unity of efficiency and justice.The author focuses on the protection of the rights of the accused in the Criminal Quick Trial Procedure.Firstly,the concept,characteristics and legislative evolution of the rapid adjudication procedure in criminal cases are briefly summarized.Secondly,through the "Pilot Measures" and the current Criminal Procedure Law to analyze the status quo and problems of the protection of the rights of the accused,to pave the way for the following problems.Thirdly,through the analysis of the relevant provisions on the protection of the rights of the pursued in foreign countries such as the plea bargaining of the United States and the punishment order of Germany,we can learn from them to improve the content of the protection of the rights of the pursued in the criminal expeditious adjudication procedure of our country.Fourthly,it points out the necessity of perfecting the protection of the rights of the accused in the Criminal Quick Trial Procedure,and puts forward some suggestions for perfecting theprotection of the rights of the accused in the Criminal Quick Trial Procedure,so as to provide suggestions for perfecting the protection of the litigation rights of the accused in the Criminal Quick Trial Procedure.
Keywords/Search Tags:criminal quick trial procedure, litigation right, justice and efficiency, duty lawyer
PDF Full Text Request
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