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Research On The Protection Of The Right To A Fair Trial For The Disabled

Posted on:2019-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:S W QiFull Text:PDF
GTID:2436330596459531Subject:Science of Law
Abstract/Summary:PDF Full Text Request
When China's gross national product(GNP)is steadily growing,the country begins to focus on the goal of common prosperity.As an indispensable member of the society,the realization of the right to a fair trial plays an irreplaceable role for the disabled.From the point of the present situation,although in recent years for precision poverty alleviation work has made great progress,create good material conditions for the disabled,but overall China the rights of the disabled community security is not complete,whether in the laws and regulations or judicial practice still exist some imperfect and not coordinated.Mainly displays in: first,the criminal jurisdiction of the disabled in the process of judicial justice not guaranteed,mainly in the identity of the criminal suspect the disabled translation rights protected,performance in the inadequate protection of judicial organs,ordinary translators lack of legal knowledge,the translator who hire lawyers,such problems as lack of the judicial supervision;Second,civil,administrative judicial process,the main problem facing the disabled realize fair trial from the disabled themselves and surrounding the disabled to surrounding environment,its own problems with the disabled lack of legal knowledge and the limited consciousness,the qualification of legal act,the external social problems have a lot of the disabled problem cannot be solved through the courts,the disabled double discrimination of women and the environment cannot satisfy the demand of the disabled accessible and convenient and reasonable.This paper discusses from the following three parts: the first part mainly discusses the disabled,the right to a fair trial and the disabled the right to a fair trial protection path of the basic overview.The second part mainly discusses the disabled fair trial security problems and reasons,as a whole is divided into criminal justice process two aspects of civil,administrative and judicial process,from the judicial organ in the process of criminal judicial safeguard,two classes of the translator's emp loyment,the lack of checking and supervision organs were analyzed,and the civil,administrative judicial process is mainly from the perspective of the disabled,the own existence problems are the lack of legal knowledge and legal aid for handicapped persons popularity is not high,the disabled,the qualification of legal act is limited,social discrimination and prejudice cause frustration and not confident of the disabled,Many issues concerning the external problems of the disabled are difficult to appeal to the courts women with disabilities suffer from double discrimination and the environment cannot meet the needs of the disabled for accessibility and reasonable convenience.The third part discusses the specific ways to guarantee the disabled's right to a fair trial.From the perspective of the process of criminal justice,the realization of the right to a fair trial for the handicapped should be guaranteed from four aspects: strengthening the protection of the disabled by judicial organs,increasing t he requirements for translators,the cooperation between defense lawyers and translators,and strengthening the supervision function of procuratorial organs.From the perspective of civil and administrative judicial processes,it is an effective way to solve the problem to innovate the way to popularize law,improve the disabled's positive attitude and consciousness of rights,and develop diversified dispute settlement methods.The disabled as the main object,this paper focuses on the disabled justice exis ts in the process of approval rights safeguard,civil,administrative and judicial process from the criminal justice process set out two aspects,the innovation points of this paper is to break through the previous research on the disabled most substantive rights as the main research object,although the classification standard is different,also the content of the one part of the judicial relief for the disabled.
Keywords/Search Tags:Persons with disabilities, A right to a fair trial, The disabled have the right to a fair trial
PDF Full Text Request
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