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Procedural rights of suspects

Author: ZhangZuoLin
Tutor: DengXiangRui
School: Hunan University
Course: Criminal Law
Keywords: Suspects Litigation rights Litigious rights
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 142
Quote: 0
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Abstract


Litigation rights of the suspect is arrested for crimes subject to criminal prosecution of people being brought to trial before the pre-trial proceedings have rights under the law , the right to have the personality , participation , openness , timeliness , etc. property, we can be divided into presumptive right of action , adversarial litigation rights and remedies of the litigation rights categories. By examining the international community, criminal justice standards and the rule of law primarily procedural rights for suspects legislative situation , and then compare our country's relevant legislation , you can see there are still gaps in our legislation . Practice, there were not aware of the right attention, the right of defense have not been fully implemented, torture and extended detention , the right to appeal against virtual home , criminal suspects and difficulties compensation litigation protection of the rights of poor , analyzes its causes , is no longer a simple legal question, but the concept of the traditional litigation , political , economic, cultural and other aspects of the interaction results in the final analysis is the judicial system , in particular the \effective judicial review mechanism . Perfecting suspects procedural rights guaranteed long way to go , we need to establish procedural justice in the whole society and the concept of protection of human rights litigation , more importantly, is to promote the pace of the criminal justice system , and gradually strengthen the suspect action right to relief, the legislation established by the Right to Silence , perfect defense system , the establishment of an effective mechanism for judicial review , the introduction of procedural sanctions regime and gradually improve the system of legal supervision and other specific measures to eventually achieve full and effective protection of suspects right of action .

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