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On the criminal defendant the right of confrontation

Author: NanPing
Tutor: WuHongYao
School: China University of Political Science
Course: Procedural Law
Keywords: Confront cross-examination Confront Interrogate European Court of Human Rights Reform
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 32
Quote: 0
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Abstract


Of confrontation rights derived from the Constitution, the right to a fair trial , the fundamental rights of a criminal defendant . Confrontation and cross-examination are two different concepts , but both have inseparability . This article from the concept of confrontation rights , analyzes its value debate , the legal basis , as well as its specific content and requirements . The presence of witnesses to testify in court in view of China's judicial practice , the use of written testimony \This paper is divided into five parts : the first \Introduced the concept of confrontation right requirements and exceptions , questioning the right and cross-examination : the cross-examination and rotation cross-examination , direct examination and indirect cross-examination . The second chapter \Confrontation questioning the value of the right to argue introduces four theories that \The core substance of the four value argument is the protection of the rights of the accused . Chapter confront the legal basis for questioning the right . I think , on the Code of Criminal Procedure , the confrontation questioning the right of the theory is based primarily on : evidence referee principles and strict proves the rule . Chapter IV of \The view from the judges of the European Court of Human Rights , the confrontation questioning the right of the requirements include notification requirements presence of the Court requirements to fulfill to clarify the obligations of information requirements and the requirements given questioned opportunity . Chapter reasons \The proposed China has establish the need for confrontation questioning right . Establishment and improvement of confrontation rights in China , proposed the idea of reform , and a number of security system .

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