Dissertation > Excellent graduate degree dissertation topics show

The prosecution of the implementation of human rights of the defense from the prosecution and the defense review the tripartite relationship

Author: JiangYi
Tutor: LuYang
School: China University of Political Science
Course: Procedural Law
Keywords: Criminal Prosecution and defense trial relations Right to defense Implementation and improvement
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 130
Quote: 2
Read: Download Dissertation

Abstract


In criminal proceedings, the complaint, defense and trial of the proceedings of the three basic functions, they were borne by the tripartite subject of litigation, the division of labor and interaction always run through the activities of criminal proceedings. Control, defense, reasonable construction of the judge, the relationship between the key research topic in today's world to construct a common practice of criminal proceedings. The defense system is an important part of modern national criminal justice system, clearly reflect the democratic nature of the litigation system and the judiciary of a country's law enforcement and the degree of impartiality, but also has a very important impact on the protection of human rights in criminal proceedings. In criminal proceedings as a defense on behalf of the prosecution of people (including criminal suspects and defendants, the same below) shall enjoy the right to defense extent, scope, and will be subject to control, defense, the judge, the legal status of their relationship profound impact. Therefore, correctly read, grasp and define the control, defense, trial tripartite status, role and mutual relations, the establishment of scientific and reasonable litigation run mechanism, from the fundamental protection and the implementation of the prosecuted person defend the right, to achieve society by the \will play a powerful role in promoting benign transition to the \The 1996 revised Code of Criminal Procedure made major changes in the litigation system, emphasizing the right involved in the control, defense, the trial of the relations between reform, a major shift of the trial from the inquisitorial to the prosecution and the defense \, making the control, defense, the judge, controlled trial separation, a neutral judge, prosecution and defense equal confrontation of modern judicial concept prototype of the basic shape and strengthen the protection of the rights of the defense. However, due to the impact of our public psychology and deep-rooted traditional litigation structure, the actual operation of the prosecution and the defense in criminal proceedings, the judge, and established litigation constructed still exists a larger conflict, to some extent limit the correct implementation of laws affecting the be prosecution of human rights of the defense truly implemented, must be further improved and perfected. This article from a combination of theory and practice perspective, the use of statistical empirical analysis, access to information and comparative study of the construct of criminal proceedings in the prosecution and the defense to review the basic theory of the tripartite relationship between defects in the existing framework and prosecution of human rights of the defense to exercise of the status quo, The lack of depth and comprehensive research, and follow in line with general litigation law and legal science, but also to adapt to the trend of China's national conditions and international judicial principles, and strive to put forward reform and improve the criminal proceedings the prosecution and the defense review of the tripartite relationship, the effective protection and implementation of the Defendants some specific ideas and vision of the human rights of the defense, that further amendments to the Criminal Procedure Law to provide the necessary reference, promote the continued coordination of the tripartite relationship of the Criminal construct the prosecution and defense trial and defense system and constantly improve, maintain, and enhance social harmony and stability. The writing of this paper is divided into three chapters. The first chapter is an overview of the tripartite relationship of the construct of criminal proceedings the prosecution and the defense review. Describes the concept of structure factors and classification in criminal proceedings, to clarify the structures of the criminal proceedings control hearing, the judge, the relationship between the ideal of the Criminal constructor should be controlled trial separation, the prosecution and the defense of equality against the to judge the neutrality of an isosceles triangle constructed. The second chapter of the current criminal proceedings tectonic control, defense, the judge, the relationship between the structure of defects in-depth analysis. Pointed out that the prosecution and the defense imbalance, to combat and combat the traditional two-way mode of thinking still exists, lead counsel responsibilities defined error qualitative fallacy of defense, defense lawyers lack of immunity, control monitoring functions, regardless of cause existing criminal trial of the role of disorder and other many problems exist in the framework of the proceedings, the impact of a truly effective exercise of the rights of the defense of being prosecuted. Chapter III proposes to rationalize the tripartite relationship between the prosecution and defense trial, to protect the rights of the defense of the prosecution of persons to implement. This chapter will first describe the importance of the prosecution of the concept of human rights of the defense, exercise type, given the right to defense as well as analysis of the current prosecution of persons the right to defense status and lack of exercise, followed by edges of the heavy pen, how to straighten out along the prosecution and defense trial tripartite relations, the protection and implementation of specific ideas for the prosecution of the six aspects of the human rights of the defense. Namely: the establishment of a balanced adversarial system, to achieve control, and argue both sides of equality of arms (including marking the right given the dominant position of lawyers in the counsel of the investigation stage, given the presence of defense counsel's questioning the right, a duty counsel system, the protection of defense lawyers to establish evidence to open show the system to give the lawyers and the prosecution to synchronize the full and broad right to investigate and collect evidence, the implementation of the control monitoring the separation of functions to protect trial neutrality and impartiality, etc.); get rid of the combat and combat the \concept of the proceedings; to give the attorney criminal defense immunity, strengthen lawyers habeas corpus; science to define the responsibility of counsel, by repealing \trading system; to strengthen the protection of human rights, and highlight the court, to enhance the operability of the court proceedings and ensure judicial fairness.

Related Dissertations

  1. Drunkenness of crime study,D917
  2. Media Culture and Crime psychological research,G206
  3. Study on the Criminal Subject of Bribery,D924.392
  4. The definition and punishment of Unit Crime,D924.1
  5. Self-defense of jurisprudence explained,D924.1
  6. The Study of Mediation of Supplementary Civil Action in Criminal Proceeding in China,D925.2
  7. Analysis of traffic crime problems,D924.3
  8. On the Reform of Sentencing Procedure,D925.2
  9. Study on the Jurisdiction of International Criminal Court,D997.9
  10. The Research on Regulation of Criminal Law on Dangerous Driving and Some Comments on Article 22 of Amendment Viii to the Criminal Law,D924.3
  11. Of juvenile delinquency penal system,D924.1
  12. On Public Defender System,D925.2
  13. Our jury system reconstruction from the practice of criminal justice,D926.2
  14. On the criminal proceedings the allocation of the burden of proof,D925.2
  15. Study Onapplication of Proof Standard in Criminal Case,D925.2
  16. Theory and Reality of elderly crime,D924
  17. Study on Perfection of the Criminal Summary Procedure,D925.2
  18. Review on the Crime of Dangerous Driving,D924.3
  19. Study on Age for Criminal Responsibility,D924.1
  20. Public Security Authorities to Determine the Rules of Criminal Evidence System of Review,D925.2
  21. Rules of Criminal Evidence Collection,D925.2

CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
© 2012 www.DissertationTopic.Net  Mobile