The Empirical Research On The Accused's Defence Of Corruption And Bribery

It stipulates in explicit terms that special agencies should protect the defending right of suspects and defendants according to our country's Criminal Procedure Law.Defence and the right of defence have vital litigation values in the criminal proceedings.In the judicial process,there have existed some certain misunderstandings whether the people being accused need to assume the responsibility to prove their defence to the special agencies,the defendant and defense counsel,and what kind of the standard of responsibility should be reached.It leads to the result that the rights of the respondent can not be effectively protected.Connecting with the empirical research about the defence of the accused in corruption and bribery,this paper analyzes the general situation of verification and comprehension.It focuses on the existing problems and reasons in the process of exercising the right of defence,and puts forward the relevant countermeasures to protect it.In this thesis,Chapter One,Two and Three will demonstrate the accused's foreign investigation of both burden of proof and standard of proof with the perspective of the accused's justification of concept,characteristics and the value of criminal procedure,and combine with China's current situation of legislation,and conclude the specific kinds of justification of the accused's burden of proof and standard of proof at the present stage.The Chapter Four,through the classification of the justification and the combination with analysis of the Haidian District People's Procuratorate in Beijing within five years to investigate corruption and bribery prosecution of the accused's justification's viewpoint,verification,and conclude different types of justification and general rules.The Chapter Five and Chapter Six analyze the existing problems and reasons of the special organ,the accused,and defense lawyer in the accused's justification of corruption and bribery crime.Meanwhile,the strategies of the accused's right of justification in the protection of corruption and bribery in the balance between human rights protection and blow of corruption and bribery crime will be put forward.