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Human Rights Protection In China's Criminal Proceedings

Posted on:2005-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:B Y ZhangFull Text:PDF
GTID:2206360152466401Subject:Law
Abstract/Summary:PDF Full Text Request
It is a modern lawsuit progressing , civilized .sign that human rights is ensured. The human rights idea originated from the struggle of striving for " democracy , equality , freedom " against feudalism of the west at first, the thinker of capitalist class put forward the slogan of " human rights of the talent " while against feudalism and autocracy. After bourgeois revolution won, various western countries abolished the old criminal suit system in succession, stipulatedthe principle and content of the human rights of criminal suit ensures clearly , made human rights ensure becoms supreme criterion of criminal administration of justice. Though the politics of various countries is different from judicial system, human rights ensures already becoming generally acknowledged criminal judicial criterion of modern international community.The criminal procedure law of our country regards ensuring and punishing crimes in human rights as the common purpose of criminal suit, the two have equally important positions. Because of historical reasons, the criminal suit of our country has ignored the human rights guarantee for a long time, regarded punishing crimes as the only or basic purpose of criminal suit. The article starts with ensuring the relation with criminal suit in human rights, has explained the important meaning ensured to human rights in modern criminal suit, have expounded the fact human rights ensures the development course in our country's criminal suit.The article has been explained " criminal procedure law " after revising strengthens four respects that human rights ensures, have proposed in new historical time, China's criminal suit strengthens necessity and possibility that human rights ensures. Have analysed defect and deficiency that human rights ensures in current criminal suit in term of legislating, have analysed in term of practising in administration of justice that infringes the behavior and reason of human rights, consulting the relevant contents of international criminal judicial criterion , basing on the China's actual conditions , the article ensures three respects of the perfection that legislates , reform of the judicature mechanism from forming of the modern human rights idea , human rights, put forward and strengthen and perfect the idea that the human rights of criminal suit of our country ensure of new period.
Keywords/Search Tags:lawsuit, human rights, ensured
PDF Full Text Request
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