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A Research On Interrogation

Posted on:2012-10-27Degree:MasterType:Thesis
Country:ChinaCandidate:J FangFull Text:PDF
GTID:2166330335469083Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
What is the meaning of examination? What is the meaning of procedure of Interrogation? How to reflect the procedural justice of interrogation? what's the current situation of interrogation in China? What are the areas for improvement of this situation? And how to improve? This article will try to answer these questions.First of all we need to clear that there is controversy on whether interrogation belong to the investigation stage or the trial stage? I agree the model of adversary proceedings, because this model meet the trends of contemporary law civilization. And interrogation exist only in the investigation stage in this model. I agree with this view. And that is the basic view of this article. As a detection measure of criminal procedure, interrogation is led by public authority which made it has the possibility of violation of rights. The traditional concept of criminal procedure focus on the facts of cases and the crime detection rate. Under the guidance of this purpose, interrogation is actually in contradiction of getting suspect's statement and protection of the suspect's basic rights.Of course, this contradiction seems to exist only in theory, because violations of basic rights of suspects in judicial practice seems to be a matter of course. At the same time, the development of modern civilization in the rule of law has made people realize that state power is too strong to make each individual in the position of defendants. So much hope people have to send to the rule of law, and the developing of procedure is an important part of this.To improve the program design to demonstrate justice and protect human rights are the good expectations present in people's minds. In Modern Criminal Procedure, recognition of suspect's subject position is the premise in procedure of Interrogation. To abtain voluntary confessions from suspects no only pursuit of confessions is the main difference from before.Level of development of criminal procedure demonstrate the level of civilization the rule of law in one country. Similarly, level of development of interrogation is a compass of the level of development of criminal procedure in a country. At the beginning of this paper, I will discuss the content of interrogation and what is the standard of due process of interrogation. The discussion of interrogation in some typical countries will be followed. I am going to comprehend how the interrogation procedures in other countries to play their procedural justice and demonstrate the spirit of modern civilization of the rule of law in this part.The last part of this paper will directly face situation of our country in interrogation, to see where the problems are and to find out the reasons of the problems. I will think about how to improve. Well, this paper will focus on the middle part not the last part, because I believe the process is more worthy of attention not a hasty conclusion.
Keywords/Search Tags:Interrogation, Study, Justified, Interrogation methods
PDF Full Text Request
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