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On The Construction Of Judicial Examination Systems In Criminal Investigation

Posted on:2007-11-17Degree:MasterType:Thesis
Country:ChinaCandidate:J G ZhongFull Text:PDF
GTID:2166360185492960Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
"Investigation is one of the dominant parts in criminal procedure, which can be even regarded as the core in Chinese criminal procedure. In the course of judicial practice, both prosecution and adjudication are influenced by the finding of investigation to a large extent. The forceful investigation system plays a major part in pronouncing a person guilty on most occasions. In a way, it is investigation rather than adjudication that determines the fate of suspects and the accused in China. " However, such problems as overdue custody and inquisition by torture exist in the actual practice, which have drawn the attention of scholars. It is proved that in the process of investigation, the authorities responsible for it are given too much power without any necessary, effective or reasonable restraints. Just as Danlin says that the society should be endowed with the right to arrest, search and imprisonment those lawless persons. Nevertheless, such right can also be misused, which is even worse than any tyranny. As a result, in the suggesting articles on the revision of criminal procedure, a...
Keywords/Search Tags:Investigation procedure, Mandatory investigation measures, Judicial Examination
PDF Full Text Request
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