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Discuss On The Nature Of Investigating Power And Its Controlling

Posted on:2006-11-03Degree:MasterType:Thesis
Country:ChinaCandidate:Q H WeiFull Text:PDF
GTID:2166360152985008Subject:Litigation
Abstract/Summary:PDF Full Text Request
A  country is impossible to have no  punishment  power , and  is also impossible to have no investigating power. But in China  the system design of criminal investigating power has broken away from legal distribution., Law theoretical circle have argued  for the nature of investigating power endlessly since long-term  and  many  scholars  have  various opinions. For investigating power, the location of nature will also produce maximum influence for its disposition in criminal lawsuit, and in  our  country  the  existing  design  of  investigating   system   require    the corresponding legal control on the investigating power .  The major research direction of this paper is the nature of investigating power and the control of investigating power, its purpose is to deploy scientifically  the nature of  investigating  power  and  realize the effective control to the investigating  power, and  establish  the  foundation of the reform of the criminal  judicial  reform  rule  system of  investigating procedure.  Therefore, this paper is taking " The nature of investigating power and its control" as theme, and is divided into two part:  Last: The nature of investigating power;  Take off: The control of investigating power.  Last has discussed the scholars' theoretical analysis all over the world and  their  opinions of investigating  power's  nature all-sided.  And  through   elaborating  the  law  theoretical   background   of  power  knowledge   of  the above-mentioned scholars as well as  the research technique of  investigating  power  and  the  theoretical situation of judicial power ,  and    from  the  angle  of  judicial  power  mixing  with administrative power  increasingly , the author have expounded and proved that the investigating power has the double property of judicial power and administrative powers simultaneously.  Take off  beginning  with the  phenomenon of  exceed issue detain , inquisition  by  torture to  extort a  confession  in our country , and  with  the  relation  among the office  of investigating, the office of procurator work and the office  of  trial and the transferring of the roles of  the office of  procurator  work, combining  the nature of investigating power, and  elaborating the current stipulations  of our country's law on the  investigating procedure before  the trial and corresponding  disputations,  the   reconstruction  conception  of  Chinese scholars  on the procedure  before  the trial ,arguing  and analyzing above-mentioned scholars' viewpoint on the control of  the  investigating  power, the  author  put forward the opinion of his own.  Close language summary full text , and hope to contribute humble force to the criminal judicial reform with the  author's own theoretical discrimination of our country.
Keywords/Search Tags:Investigating power, nature, control
PDF Full Text Request
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