Title: Chinese Criminal Court Judge's Duty to Adequately Protect Defendant's Rights
Abstract: The year 1996 saw the introduction of the adversary system into the criminal trial through modification of the Criminal Procedure Act of the People's Republic of China.However,given the difficulty in collecting evidence and accessing to case records,the accused often face problems in producing evidence and examining witness in court.Under such circumstances,excessive emphasis of the judge's being negative and neutral would lead to the defendant's denial in heart of the judgment.Therefore,it is necessary to require the judge to adequately care for the defendant's rights in the proceedings,not only taking a negative respective attitude but also actively attending to him/her.The judge's adequate and objective care for the defendant's rights will not result in loss of the judge's neutrality;rather,it will conduce to realizing affirmative and substantial neutrality.Adequate care and protection is expected in the aspects such as leave for re-examining the witness so as to collect evidence for the defendant,calling for new evidence on discretion or summons,taking security measures to preserve,remove or examine pro-defendant evidence,with which to ensure that the prosecution and the accused are substantially equal in court.
Publication Year: 2012
Publication Date: 2012-01-01
Language: en
Type: article
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