His Last Statement And The Right Research

Last statement by defendant is that the accused is entitled to freely express their views and opinions while the criminal trial is to enter the final stage of the trial . Although most countries have made corresponding regulation, but their theoretical research and judicial practice are pessimistic. This thesis will be focus on the concept and characteristics, the corresponding models and legislative situation, the macroeconomic environment and micro-structure of the last statement by defendant. Finally, some corresponding measures are proposed on the basis of inspecting the china's judicial practice.Four chapters are embraced in this thesis and 33.000 words in total are written.The introduction of this thesis is concerning the reason of neglecting the last statement by defendant through case analysis. At the same time, this part will be point out that the last statement by defendant contains many issues worth exploring. And in practice there are many issues to be resolved too. So this right contains a lot of research values.The first chapter is concerning the concept and characteristics of last statement by defendant. Then make a distinction between the similar rights, including the debate and the right to silence.The second part is concerning the model of legislation of the last statement of defendant by inspecting a number of representative nations.By legislation and the traditional mode of conviction and sentencing, there are generally three different settings of the system model. States in the legislative style, the main statement and procedural sanctions rules also have great differences, and a brief analysis of the causes for the differences.The third part is concerning the area of macro-and micro-two of last statement by defendant to further inspect and analysis. What kinds of correlation between the last statement by defendant and criminal purpose, criminal structure and criminal principle. What is it that micro-structure system of last statement by defendant, particularly the rules of restrictions and the protection. These two issues will be discussed in detail in this section.The fourth part is concerning the improvements of last statement by defendant. On the one hand, we need to change macroeconomic environment, for example, to change the traditional concept of rights, to improve principle of the criminal proceedings and strengthen the building of lawyers. On the other hand, we need to improve relevant rules, especially the help rule of the lawyers, the sanctions of procedural rules, and add last statement by defendant in the procedure for reviewing death penalty.