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The Discussion of Improvement of Legislation in Criminal Denfence Admittance System

Author: SunHao
Tutor: ShenHongWei
School: Hunan Normal University
Course: Legal
Keywords: defense system the criminal defense admittance system legislation
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 57
Quote: 0
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Abstract


The accused has the right to defence, the basic principle of the criminal litigation already worldwide, since it established a basic right of the defendant is an important judicial principle. According to our country "constitution" and "criminal procedural law" the relevant provisions, courts have the obligation to protecting defendants’ defence. The criminal defense case is even life citizens’ personal freedom, so for a criminal defense attorney set higher conditions. According to our country "criminal procedural law" and "the lawyers law", lawyers, the relevant provisions of the criminal suspect or the defendant’s friends and people’s organizations, the criminal suspect or the defendant unit to recommend can do on whether to have legal defender qualification without any limitation, this in fact caused the criminal defense admittance threshold too low, resulted in China’s criminal defense quality is not high, the defendant cannot obtain the high quality criminal defense dilemma. Therefore, in order to effectively protect the criminal suspect and the legal rights of defendants, improve quality, it is necessary to complete defend criminal defense admittance system. Through legislation only master professional knowledge and experience can defend criminal defense lawyer in the business, can greatly improve the criminal defense quality. This article from the criminal defense admittance system legislation present situation, discussed the criminal defense admittance system perfecting the necessity and feasibility of the proposed legislation, the criminal defense admittance system libraries. finally:modify "criminal procedural law" article 32, criminal defense attorney as the only subject admittance system, according to the court case nature set up different levels and criminal defense attorney access conditions.

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