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On the United Nations Criminal Justice Standards Applies Protection of Human Rights and Development

Author: LiuKe
Tutor: MaQian
School: Zhengzhou University
Course: International law
Keywords: Protection of human rights International Criminal Justice Standards Criminal illegal evidence exclusion
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 31
Quote: 0
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Abstract


Human rights are based on natural attributes and social attribute and produce all the people of the common needs and is a kind of confirmation by laws and habits of social relations. Human rights at different times in different countries are different, fully enjoy human rights is, long-term since human common pursuit. The state is the guarantee of human rights, it is understood that the legal protection for main body and is safeguard human rights are the most direct and efficient way. At present, guarantee of human rights have ascended to the constitution and laws of the protected by the system level and above. In this series of security system, the criminal law for its protection of the interests of universality, importance, and handles official bussiness already and the special illegal sanctions acted as safeguard human rights the most advantageous weapons. With the development of society, the judicial practice suffered many practical problems, law is imperfect, even give bring great damage to human rights. In order to improve the strength of the protection of human rights, prevent practice various happens detrimental to the risk of human rights, promote the development of the protection of human rights should be further investigated criminal justice, the human rights protection system, and that is the meaning of this article. Developed by the United Nations "Universal Declaration of Human Rights, ""Economic, Social and Cultural Rights" and "Civil and Political Rights, the International Convention on the" three international human rights instruments, known as the "International Bill of Human Rights", and had a huge international human rights law Effects. Also provides a national criminal justice standards. And a long time, people have not recognized what is the definition of human rights, for the protection of human rights in criminal proceedings have different understanding of meaning. In this paper, human rights, criminal rights, international criminal justice standards and relations between them to make a study, and the judicial practice in the analysis of specific issues.International human rights charter of international human rights protection, has great influence, but also give countries provides reference standard criminal justice. But, for a long time, people for what is human rights haven’t accepted definition for criminal litigation, the significance of protecting human rights also have different understanding. Based on human rights, criminal litigation rights, international criminal judicial criteria as well as their relationship, and makes a probe into the problem of judicial practice pointed analysis.Papers of thought in international criminal judicial guarantee human rights standards applicable, is through a comparative analysis of the entity and procedure. Then, the search for human rights standards are in shortage, and on this basis, the argument is proposed for human rights protection standard of criminal justice for some advice.The thesis can be divided into four chapters.The first chapter of the United Nations criminal justice standards in the protection of human rights, introduced the human rights, judicial protection and the content of international standards of justice. As the theoretical basis discussed below.The second chapter of human rights from the criminal standard of proof security function, the principle of the criminal illegal evidence exclusion, criminal protection of the victims were three more comprehensive description and analysis, summed up the Chinese, the United States, European Union, appeared in judicial practice Some of the more prominent issues.The third chapter from the perspective of criminal justice, search for our law and international criminal justice, human rights protection standards in the actual gap, the causes of the current status quo.The fourth chapter is based on the analysis above, reference to international judicial experience, and how criminal justice in our country a better protection of human rights make specific suggestions. Need to make changes in the concept of action to strengthen the importance of investment in criminal justice, improve the legislation work.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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