论文部分内容阅读
最后陈述权是刑事被告人在庭审中所享有的一项重要的诉讼权利。其理论基础主要在于立法对刑事被告人弱势地位的特别关注以及对言词原则的体现。最后陈述程序的设置,有助于法官更好地发现案件真实,同时还凸显了对被告人人格的尊重,又可以对旁听民众有一种特殊的教育功能。在性质上最后陈述权主要是辩护权,此外还体现为一种情感宣泄权。另外,文章还对如何限制和保障最后陈述权进行了一些分析。
The final right of statement is an important litigation right enjoyed by the criminal defendant in the court hearing. Its theoretical basis mainly lies in the special attention of legislation on the disadvantaged position of criminal defendants and the manifestation of the principle of verbal. The setting of the final statement procedure helps the judge to find out the truth of the case better, and at the same time highlights the respect for the personality of the defendant and also has a special educational function for observing the public. In the nature of the final statement of rights is mainly the right of defense, in addition, also manifested as an emotional venting. In addition, the article also made some analysis on how to limit and safeguard the right of final statement.