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Criminal Defendant’s Rights of the Constitution

Author: ZhangLingJie
Tutor: WangXiuLing
School: Yanshan University
Course: Procedural Law
Keywords: basic rights constitution the accused man right guarantee
CLC: D925.2
Type: Master's thesis
Year: 2012
Downloads: 51
Quote: 0
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Abstract


Along with the protection of human rights and legal construction in our country ofterms in the constitution, our country’s law process continues to accelerate, ensure thedefendant’s criminal the fundamental rights of the general public and legal problemscaused by the academic circles high attention. Our country through the judicial reform insecurity criminal defendant’s rights to take certain measures, and got some achievements.But because the constitution as a parent law has failed to its reasonable guidance andregulation, and in concept and system design in many evils, lead to find these securitymeasures ineffective.This paper in the constitutionalism era social background, follow the constitutionalidea, explore our criminal defendant’s rights of the constitution. The paper includes theintroduction, text, conclusions three most. Among them, the body of the first by theconstitution and law of criminal relationship as a starting point, on the criminaldefendant’s right to the concept of the constitution is analyzed, and analyzes the value andsignificance of the constitutional government; Second, a comparative study abroadcriminal defendant’s rights constitution of the legislation and practice; Then, examines inChina’s criminal defendant’s right to the present situation of the constitution, analyzed thepresent many defects and form the various causes of defects; Finally, in order to establishand promote our country criminal defendant’s rights, this article suggests that theconstitution in constitution in our country criminal defendants to establish clear the basicright of action, and ordinary relief program and the constitution set direct reliefmechanism two relief way to safeguard the rights and interests of the criminal defendant’s.Western constitutional countries have realized the rights of the accused personcriminal constitution, and our country as the international civil rights convention of thecontracting state, also should earnestly implement the guarantee of human rights,obligations of international law construction guarantee criminal defendant’s litigationrights "the bill of rights" and realize the real meaning of constitutionalism.

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