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On the protection of the death penalty defendants the right to counsel

Author: CuiYu
Tutor: WuHongYaoï¼›LuYang
School: China University of Political Science
Course: Procedural Law
Keywords: Death penalty The right to counsel Legal aid
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 114
Quote: 0
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Abstract


Death penalty cases, the right to defense is fully exercised, an important factor to determine the person's life and death, the dead rise up you can not. Therefore, the significant effect of the right to defense. China defense system there are many imperfections, China's large population, the lower the standard of living of the people, the economy and society is still in a stage of transition rise, many social conflicts, death penalty cases, lawyers are not perfect team building, the building of the legal system to be improved, many rights of the parties can not be implemented. And the majority of death penalty cases, the prosecution of persons because of poverty also were unable to hire a lawyer, so the majority of death penalty cases through the prosecution of persons to assume the obligations of legal aid lawyers to provide services and help. This article will to assume the obligations of legal aid lawyers in death penalty cases to help the prosecution of human perspective to explore the exercise of the death penalty suspect, the accused's defense. Traditional theory holds that death penalty cases only to the trial stage is the real beginning, but I believe that, in pre-trial phase of the case is more important, especially in death penalty cases. This article will use a relatively large space to discuss the investigation stage death penalty cases, the prosecution of human rights of the defense protection. The trial stage center stage in the litigation process, each stage, at this stage confrontation debate came to the conclusion the winner, so the trial stage will be described. The death penalty review process is the original death penalty proprietary procedure, which is a death penalty case last pass, I believe that this procedure the prosecution of human rights protection is very important. Therefore, this article will also defendants the right to defense at this stage a more detailed exposition. This article discusses the process, the legal aid system is also the author of concern an important point. As a new system, it has made some achievements, but there is also insufficient, which restricts its role to play. Legal aid system to play a good or bad effect on the defense of death penalty cases, whether to keep the prosecution of people's lives is essential. Therefore, the author of the various stages in the text are interspersed to introduce the idea of ??the legal aid system existing problems and solutions. Due to the limited length of the article, it is impossible to cover everything all the problems related to the defense of the death penalty. Just select the death penalty three stages: investigation, trial and death penalty review highlights, and these stages only select I believe that the more important issues are discussed. Specifically, this paper includes four chapters: Chapter profile death penalty cases, the right to defense. Death penalty cases, the number of cases of prosecution of human rights the right to defense is the core position. This chapter introduces the concept and importance of the right to defense of death penalty cases, the overall situation and the status of the death penalty cases, legal aid defense of death penalty cases. This chapter and strive to the basic concepts of the text of the issues involved, the theory pave the way introduced. The second chapter introduces the death penalty cases prosecuted human the defense rights situation in the investigation stage. The investigation stage of the entire course of the proceedings and the death penalty defendants is essential. However, investigation stage in our country, the right to counsel has been neglected. This chapter describes the Chinese investigation stage, the lack of lawyers to help, almost no legal aid lawyers involved in the current situation. Combined with the experience of foreign countries, and finally arrive at specific recommendations to solve the problem of Investigation stage of the prosecution of human rights of the defense exercised. The third chapter introduces the death penalty cases the defendants the right to counsel at the trial stage of the condition. The main problem of the death penalty cases, the defense in the trial stage is no procedural relief, v. invalid defense has not been established and there is no unified defense measure. I will be the experience of the United States as an example, combined with China's actual obtained the solution. The fourth chapter describes the death penalty cases, the prosecution of persons to exercise the right of defense of the death penalty review stage. This section by describing the importance of the death penalty review procedures to prove the legal aid lawyer should aid this stage, in order to effectively safeguard the rights and interests of death penalty cases, defendants.

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