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Interrogation Proceedings In The Protection Of Human Rights

Posted on:2011-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:X J LinFull Text:PDF
GTID:2166330332464058Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
This article mainly disscuses on four aspects of interrogation proceedings in the protection of human rights issues.The first chapter claims the meaning and necessity of human rights protection in interrogation proceedings. It expoundes the concept and content of human rights. Compared to common human rights, the human rights in interrogation procedures showing their differences in subject, object and content. In modern legal countries, people are more and more concerned about human rights which play an important role. The necessity of human rights protection in questioning has a different meaning, because of its specificity.The second chapter is the human rights protection in interrogation proceedings. The personality rights are the components of human rights, including life, health, dignity, personal privacy and liberty. The dignity and privacy are rarely concerned in interrogation proceedings. They are actually important parts of legitimate interrogation. If both are damaged, the human rights of suspects are out of the question. Interrogation is not a coercive measures, but an arbitrary detection measures. In the interrogation, although the personal freedom of criminal suspects would be restrained, their free dispersal would not been prevented; the will freedom of criminal suspects protection is the principle for voluntary confession. In China, it is lack of personal rights protection of interrogation procedures both in legislation and practice deficiencies, therefore the author puts forward her own proposals in torture and interrogation methods.The third chapter is about the protection of the right of defense in interrogation proceedings. Throughout the interrogation proceedings, right to defense is one of the most crucial and important right of action. All of other rights are commenced around it. All the theories about the equality between the prosecution and the defense, the due process and the legal status of the subjects stressed the right of defense. The right to defense is an important part of the protection and implementation of human rights. In China, there is hardly the right to defense in interrogation stage in the strict sense . It makes the defense in a very disadvantageous position. Therefore, it is necessary to establish the right of defense in the phase of interrogation. But the accused's rights of the defense in the interrogation process is totally different from that in the prosecution and the trial stages. The closed and secret natures of the interrogation process means that the right to defense should be greatly restricted. In order to effectively exercise the right of defense, it should be provided in legislation the right to inform, the right of silence, the right of the lawyer presence, and the rights of the complaints and appeals. On the basis of establishing the right to defense, we should further improve it.The fourth chapter introduces the measures in the protection of human rights of which the illegal evidence exclusion is a remedy. We should set up an illegal evidence exclusion in the interrogation process to punish the illegal actions violating human rights. The main purpose is to achieve the requirements from the due process and make the criminal suspects understand the procedural fairness and justice. The use of synchronous audio and video recording help fixed interrogation records. Exclusionary In charge of investigation and detention are imported. The significance of their introduction is the constraints to the power and protection of the rights.
Keywords/Search Tags:Human rights, Personality right, Right to defense
PDF Full Text Request
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