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Research on Guarantee of the Defense Attorneys’ Rights

Author: ChenFangYuan
Tutor: JiangZhiGang
School: Hunan University
Course: Legal
Keywords: Defense counsel Protection of the rights System improvement
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 517
Quote: 3
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Abstract


Protection of the rights related to defense counsel in criminal proceedings is to be fair, the relationship between citizens' legitimate rights and interests would be flagrant violations of state power. In order to fully protect the rights of defense counsel should be conferred on the legislative counsel and prosecutor to equal protection, and to give defense lawyers' professional privilege; in judicial proceedings can be protected at the same time should be set up appropriate judicial relief program, when rights are violated Time to get a timely and equitable relief. For a long time, in China's judicial practice, the protection of the rights of criminal defense lawyer has been in a very awkward position. While all aspects of this country gave a lot of effort, but is largely palliative, the effect is not obvious. The fundamental reason lies in our current criminal justice system has serious structural defects. Therefore, should the exercise of the rights of defense lawyers present situation causes an empirical investigation and analysis to identify the relative weakening of the functions of the current defense lawyers practicing fundamental crux rights are not guaranteed, and the problem lies. Modern criminal defense system through the analysis of trends, draw on the advanced experience, combined with China's actual conditions, on protection of the rights of defense lawyers improve the system. Protection of the rights of defense lawyers lies in reform and improvement of the structure of the criminal proceedings, the prosecution and defense forces to achieve a relative balance. Solve the problem of inadequate protection of the rights lawyer is a systematic project, not simply to achieve the purpose of improving one aspect, but also perseverance. Improve protection of the rights of defense lawyers should be analyzed in detail the rights lawyers on the basis of inadequate protection and comprehensive system put forward specific measures to address these issues, mainly from the legislative, judicial, Lawyers Role of the Organization, and other issues of institutional safeguards, in order to improve rights protection system to seek a lawyer best solution. 2008 implementation of the new \a very important role. We look forward to in the \In practice, supervision and judicial organs exercise their powers in order to further enhance China's judicial civilization, increase criminal defense lawyers involved in the initiative.

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