Title: Research on Perfection of Judicial Review of Death Penalty Procedure and Safeguard Measure to Right to Defense
Abstract: The historic development of human system of criminal justice procedure from inquisitional procedure to mixed procedure naturally requires the establishment and perfection of the structure of criminal lawsuits in modern times.As a result of separating jurisdiction from the right of the accusing,the accused gained the independent position as a subject of the procedure.As a legal one,the right to defense is affirmed and constantly strengthened by law,as is one of the main tendencies of the development of criminal procedure law of a state with an adequate legal system.In China,right to defense as an exclusive right of a criminal defendant,is endowed by the Constitution and has supreme priority.However,an examination of it may show that major flaws exist even in criminal lawsuits which are vital to the life of the accused.Nowadays,the perfection of judicial review of death penalty procedure attracts great concern in China.To strengthen safeguard measure to right to defense is way to realize safeguard function to human rights in the course of criminal prosecution.
Publication Year: 2006
Publication Date: 2006-01-01
Language: en
Type: article
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