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The Protection Mechanism Of Defended Person's Rights In Criminal Quickcut Procedure

Posted on:2019-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q LingFull Text:PDF
GTID:2416330590478416Subject:Law
Abstract/Summary:PDF Full Text Request
in June 2014,the criminal rate cut program pilot work in 18 cities in our country,the criminal speed cutting procedure in the criminal procedure law is an unprecedented new concept,is on the basis of the criminal litigation summary procedure further streamlined procedures,apparent breakthrough is the time for examination and prosecution and trial further compression,cross-examination,defense links have also been omitted in the process of trial,replace the lawyer commit sin written submissions,the presiding judge sentenced in court.The application of the expedited arbitration procedure is obvious to the improvement of litigation efficiency.However,in such a limited or even rushed time,does the public,judicial and judicial departments fully guarantee the basic litigation rights of the respondent while pursuing the litigation efficiency?In fact,the problem of the protection of the rights of the litigant becomes more and more prominent with the deepening of the pilot work,and necessary improvement measures should be taken.Based on this,the author chooses the protection of the litigant's rights in the criminal procedure as the research focus.This text consists of five parts:The first part is the introduction,which mainly introduces the research background of the topic,introduces the concept of the criminal swift adjudication procedure,and emphasizes the necessity of guaranteeing the rights of the respondent in the implementation of this accelerated adjudication procedure.At the same time,only the attention of judicial departments and law enforcement departments can be fully implemented to put forward Suggestions on the problems.The second part is introduced in the program of speed cutting,the litigious rights of the accused person what are the key essential,and in the process of the whole proceedings being prosecuted litigation rights to ensure that people enjoy the basic principles,although these litigation rights as well as the vast majority of ordinary procedure and summary procedure,the rights of all no difference,also stems from the criminal law or the provisions of the criminal procedure law in our country,but we emphasize is to improve,even if the efficiency of lawsuit procedure link to simplify,some people being prosecuted according to criminal law and criminal procedural law of litigation right of the spirit of thelaw is can never be neglected,is must unswervingly continue to implement.The third part is to make a horizontal comparison of the provisions of laws and regulations on the protection of the rights of the respondent at home and abroad in the process of rapid criminal trial.Through the comparison,different protection principles are understood and the Suggestions on the protection measures of the respondent's rights are brought into play.The fourth part describes in detail the defects of the trial effect and the deficiency of the protection of the rights of the accused.The fifth part is on the fourth part mentioned in the speed and cutting program facing the plight of the coping strategies and improving measures are put forward,and the fourth and the fifth part is also the core of the paper,through a simple demonstration,repeated the careful research,on the basis of practice,in the limited space suggest constructive,novelty,and targeted.
Keywords/Search Tags:Criminal summary procedure, Protection of rights, Non-custodial sentence, Effective defense
PDF Full Text Request
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