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日期:2011-8-26作者:无忧论文网编辑:ANTER点击次数:15
销售价格:免费论文论文编号:lw201108261646316999论文字数:1241 
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Although still under consideration, but the draft for public rights and private rights to" configuration" adjustment, strengthen the protection of individual rights value concept

Concern about the criminal law amendment draft was submitted for deliberation, it is one of the important legal since 1979 to develop since the second" overhaul", increase and modify the provision for three of the total number of the existing provisions into above.

An adjustment of the state prosecution of criminal procedural law, has caused great concern, because it not only relates to the state power allocation, but also related to the protection of individual rights of the citizens. In modern countries, the criminal procedure law for criminal suspects, defendants right attention degree, often become the measure of level of protection of human rights and the rule of law an important indicator of the degree of civilization.

Review of China's criminal procedure law history, is not difficult to see such a context: from purely focused on attacking crime to give attention to the guarantee of human rights the direction of evolution. In 1979 China formulated at the beginning of the criminal procedure law, the value orientation of legislation on national power to prosecution, criminal suspects, defendants and other individual rights less. The 1996 criminal law amendment, prominent on the right of the defendant 's care, the establishment of presumption of innocence, suspected in the crime from the principles of the criminal law enforcement, subsequently produced far-reaching effect. In recent years, citizens right consciousness is strengthening, the criminal law amendment ought to focus more than ever the individual rights.

Although the amendment was discussed, but, from at present reveal some content, revised researchers tend to safeguard individual rights can further. For example, shall be forced self-incrimination, directed to the rights of the criminal suspects" expansion"; set dangerous psychiatric patients forced medical procedures, will decide the right from the hands of the hands to the court, showing legislation in seeking social defense at the same time, pay more attention to the protection of human rights of mental patients. They sued for conversion to the" right to settle", highlight the modern criminal procedure justice value idea, also more in line with the development trend of the rule of law.

In the state prosecution of crime relative relationship, to the accused party rights strengthening, means of criminal law enforcement organs of power restriction, how in the fight against crime and the protection of human rights of the dual value goal to seek equilibrium, is a very complex task.

The criminal procedure law overhaul, core problem is the national public power and private right in the criminal prosecution process con 论文由无忧论文网www.51lunwen.com整理提供

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