Author(s)

Bowen Fan ¹

Affiliation(s)

¹ Law School, People's Public Security University of China, Xicheng, Beijing, China

Corresponding Author

Bowen Fan

ABSTRACT

The protection of the rights of criminal defendants in trial by case is insufficient in the current standard level in China, the theoretical basic research is weak, and the judicial practice lacks care for the interests of defendants. Based on the empirical research method, this paper focuses on three aspects: the improper restriction of the right to charge, the deprivation of the right to defense, and the absence of the right to relief, and proposes the legal construction path of perfecting the evidence rules of criminal division trial, the protection of the right to defense when the interests are opposite, and the juridical force of criminal division trial judgment, so as to realize the care of the rights of criminal defendants.

KEYWORDS

Divisional trial; Rights of the defendant; empirical research

CITE THIS PAPER

Bowen Fan, Empirical research on protection of the rights of criminal defendants in trial by case. Science of Law Journal (2024) Vol. 3: 93-100. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030313.

REFERENCES

[1] Xu Shenjian. (2022) Research on the Trial of Joint Crime Cases. Journal of the National Institute of Prosecutors. (1): 123-139.
[2] Long Zongzhi. (1999) On Relative Rationalism in Judicial Reform. Chinese Social Sciences. 2:130-140.
[3] John Spreck. (2006) Criminal Procedure in the UK. Translated by Xu Meijun and Yang Litao. Beijing: Renmin University of China Press. Beijing.
[4] Klaus Roksin. (2003) Criminal Procedure Law. Translated by Wu Liqi. Law Press, Beijing.
[5] Matsuo Haoya. (2005) Japanese Criminal Procedure Law (Volume 1). Translated by Ding Xiangshun. Renmin University of China Press, Beijing.
[6] Yang Jiehui. (2022) Research on the Trial of Joint Crime Cases by Division. Modern Law. 44 (1): 193-204.

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