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On The Conflict And Coordination Of Criminal Defense In My Country

Posted on:2023-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:L R HeFull Text:PDF
GTID:2556306830992399Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the development of society and the general improvement of people’s awareness of the rule of law,especially in the face of accusations,the accused believes that he is the one who understands his own interests and needs best,so he hopes to better safeguard his legal rights and interests through his participation.Participating more in litigation procedures can effectively protect their own rights.Since the accused is more of an opinion based on personal interests,and defense lawyers mainly protect the interests of the accused as much as possible from the existing regulations and evidence,the two sides will have inconsistent judgments on the best interests,and their opinions on the choice of defense methods will also be different.Inconsistent,criminal defense conflict arises at this time.As the subject of criminal proceedings and the ultimate bearer of the interests of criminal adjudication,the defendant’s rights protection should be paid attention to.However,at present,there are no specific regulations on the exercise of the defendant’s defense rights and the resolution of defense conflicts in my country.At the same time,due to the influence of the traditional independent defender theory,the procedural subject status of the defendant has been weakened,and the defense rights that should be enjoyed as the subject of litigation cannot be obtained.Practical exercise,the pursuit of the ultimate interests of the judgment is often overlooked.Through independent defender theory,defendant-centrism theory and collaborative defense theory.This study analyzes the content focus of the different models,their application in typical countries,and their impact on the rights of defendants.Guarantee is the starting point to study how to better resolve the conflict of criminal defense.It mainly focuses on the professional ethics of defense lawyers,the relative independent defense of defense lawyers,clarifying the scope of rights,and strengthening the communication between defense lawyers and the accused.Protect the legitimate rights and interests of the accused,and truly respect their status as the subject of litigation.
Keywords/Search Tags:Criminal Defense Conflict, Protection of the rights of the accused, independent defense, Rights reserved
PDF Full Text Request
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