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Accused of protection of the rights

Author: ZhangMeiJiao
Tutor: LiuYanHui
School: Heilongjiang University
Course: Legal
Keywords: The accused The balance of interests Limit the power Protection of rights
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 29
Quote: 0
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Abstract


Human rights protection is an eternal topic in the theoretical research of criminal action. In a sense, the history of criminal proceedings is to the human rights protection is becoming more and more attention and improve. In criminal lawsuit system, the rights of the accused person is the core of human rights protection. Because of the criminal litigation process is around the accused person's criminal responsibility, because of the different interests of the subject of criminal litigation different pursuit, prone to conflicts of interest. Among them, the accused person and there are salient conflicts between national prosecution organ. In criminal proceedings, the accused person in be held litigation status, their rights are vulnerable to the prosecution organs to exercise power for/on behalf of the state. With the progress of democracy, the rule of law in our country, a series of the signing of the international convention on human rights, accused person's right protection is becoming more and more attention. This article from the pursuit of self-interest on the legitimacy of subjects to the criminal procedure, the necessity of the surrounding protect the rights of accused person, accused person right protection in our country present situation, the way to protect the rights of accused person and protect the rights of accused person's idea system four parts, this paper expounds the current according to the situation of the guarantee of criminal litigation rights in our country, the criminal litigation interest parties coexist under the premise of introducing balanced idea, to limit the power and security rights, achieve the goal of strengthen rights being prosecuted people.

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