审前程序中程序性辩护问题研究
发布时间：2019-01-09 12:20
【摘要】：近些年，程序正义的司法理念在我国开始渗透并且逐步深化，随之程序性辩护也愈来愈受人青睐，从我国最近出台的几部法律法规即可得知。但是，，我国程序性辩护在立法和司法实践中都依然存在着许多问题，影响着程序正义的实现和犯罪嫌疑人人权的保障，特别是在刑事审前程序中。比如：追诉机关的程序违法行为缺失相应的制裁规定，侦查阶段律师的辩护人身份不明确，非法证据排除规则的不完善，犯罪嫌疑人和辩护人的辩护权未得以保障而人身权却屡遭侵害等。 审前程序是国家追诉机关依职权主动提出控诉的阶段，包含了侦查讯问和审查起诉，它的实施同时影响到追诉机关控诉职能和刑事诉讼价值目标的实现。因此，我把审前程序中程序性辩护问题作为我的硕士毕业论文题目。本文将以我国2007年律师法的出台和本次新刑诉法的修订为主线，从审前程序中程序性辩护的概念、特征、诉讼价值展开，对其所依据的理论基础进行深入剖析，然后结合国内外具有代表性的相关案例分析这一课题在我国的立法和司法中所存在的问题，最后相应的提出完善建议和对策。
[Abstract]:In recent years, the judicial concept of procedural justice has begun to infiltrate and gradually deepened in our country, and then procedural defense has become more and more popular, which can be seen from several laws and regulations recently issued in our country. However, there are still many problems in the legislation and judicial practice of procedural defense in China, which affect the realization of procedural justice and the protection of the human rights of criminal suspects, especially in the criminal pretrial procedure. For example, the procedural violations of prosecution organs lack the corresponding sanctions, the lawyers' defenders in the investigation stage are not clear, and the exclusion rules of illegal evidence are not perfect. The rights of criminal suspects and defenders are not guaranteed, but their personal rights are repeatedly violated. The pretrial procedure is the stage in which the national prosecution organs initiate complaints according to their functions, including investigation, interrogation and examination and prosecution, and its implementation affects the realization of the prosecution function and the value goal of criminal proceedings at the same time. Therefore, I made procedural defense in pretrial proceedings my master thesis subject. Based on the introduction of our lawyers Law in 2007 and the revision of this new Criminal procedure Law, this paper will analyze the concept, characteristics and value of procedural defense in pretrial procedure, and analyze the theoretical basis on which it is based. Then combined with the domestic and foreign representative case analysis of this topic in our legislation and judicial problems, and finally put forward the corresponding suggestions and countermeasures.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
本文编号：2405616
[Abstract]:In recent years, the judicial concept of procedural justice has begun to infiltrate and gradually deepened in our country, and then procedural defense has become more and more popular, which can be seen from several laws and regulations recently issued in our country. However, there are still many problems in the legislation and judicial practice of procedural defense in China, which affect the realization of procedural justice and the protection of the human rights of criminal suspects, especially in the criminal pretrial procedure. For example, the procedural violations of prosecution organs lack the corresponding sanctions, the lawyers' defenders in the investigation stage are not clear, and the exclusion rules of illegal evidence are not perfect. The rights of criminal suspects and defenders are not guaranteed, but their personal rights are repeatedly violated. The pretrial procedure is the stage in which the national prosecution organs initiate complaints according to their functions, including investigation, interrogation and examination and prosecution, and its implementation affects the realization of the prosecution function and the value goal of criminal proceedings at the same time. Therefore, I made procedural defense in pretrial proceedings my master thesis subject. Based on the introduction of our lawyers Law in 2007 and the revision of this new Criminal procedure Law, this paper will analyze the concept, characteristics and value of procedural defense in pretrial procedure, and analyze the theoretical basis on which it is based. Then combined with the domestic and foreign representative case analysis of this topic in our legislation and judicial problems, and finally put forward the corresponding suggestions and countermeasures.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
【引证文献】
相关硕士学位论文 前1条
1 权艳平;我国程序性辩护困境之解[D];山东大学;2016年
本文编号：2405616
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