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The Research of Criminal Defendant Free Translation Help Rights

Author: ShiShaoHua
Tutor: ZhouBaoFeng；BaoKui
School: Inner Mongolia University
Course: Legal
Keywords: Criminal defendant Human Rights process justice
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 15
Quote: 0
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Abstract


The main research body of free translation helps right focuses on the minority, whose theoretical basis is equal treatment, special protection and procedural justice theory. China’s laws concerning the defendant’s free translation help are so general that there is a debate about whether the translation should be free。Perfecting the basic structure of translation help right firstly should be studied from the perspective of minority nationalities’constitutional rights.The minorities’ constitutional guarantee, which could solve the ethnic equality, ethnic conflict problem, equality from the height of the constitution, is the basic requirement of the modern constitutional government. Ethnic equality is the basis for protecting minority rights, and protecting minorities’ rights through the constitution can make the minority rights own legal basis. Then, we can research from the human rights convention ruled by international laws. The international conventions like" The Civil Rights And Political Rights International Convention" have all formed"International Human Rights Charter", among them,the justice trial which includes criminal defendants have free access to interpreter help right is regarded as the basic human right in human rights conventions. China has joined this "Convention", so based on the principle treaty must abide by,how to take the criminal litigation international standards for reference to promote the perfection of the criminal procedure law of our country is a significant problem which China’s current criminal judicial reform faced on. Again, the translation conditions need to be perfected. Explicit management, specific employ requirements and a national translator’s pool for minority nationalities language should be set up; perfect translation hire program, unified translation qualification, strengthen the supervision and management are necessary. Clear the rights and obligations of the translators. Interpreters own the right to request for the corresponding compensation and economic compensation, to receive personal protection and to enjoy their personal safety. The authority should provide safeguard for translators in order to avoid interference by any party. Translators should remain objective neutrality, and emphasize their independence and impartiality, meanwhile, perform avoidance and confidentiality obligations. Finally, we can understand free translation help right from procedure justice perspective. The program itself has an independent the meaning of existence, which can make criminal defendants have the equal opportunities to communicate and debate with the judges and public procurators, in order to influence the. Providing free translation help for criminal defendants is to protect the basic human rights of them, which would ensure the realization of their litigation rights and sustain the fairness of final referee results, in order to make the defendants have direct interests with the case of more receptive to the referee results.

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