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The Legitimacy Of The Interrogation Process In Investigation Stage And Its Limit

Posted on:2010-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:K L MaFull Text:PDF
GTID:2166360275460387Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
in the "the statement centrism" context of our country's judicial practice,the the Interrogation Process in Investigation Stage has a pivotal position in criminal proceedings,the The Interrogation Process in Investigation Stage whether or not legitimate will have a direct impact on the quality of follow-up phase of the mixed cases.At present,the most prominent of our proceedings is the question of the legitimacy of questions missing,based on the legitimacy of the rule of law in the rational and the West National Example of legislation,the questioning of our country due process of reform,is the consensus of scholars.In addition,the rule of law in the West Country,taking into account criminal prosecution based on the needs and changes in their judicial philosophy on the legitimacy of the restrictions,as well as our country's basic property proceedings and criminal proceedings of statements in our country at the value of the constraints,in our investigation proceedings of the reform of the legitimate, the legitimacy necessary to promote,to consider the limits.This article is divided into four parts.The first part discusses the concept of legitimacy and the limits of proposed procedures for the investigation of the legitimacy of questioning the general requirements and specific requirements.Introduced the second part of common law and civil law and its restrictions on the validity of the basic content of that right to remain silent and their limitations,and restrictions on the right lawyer to help,full audio and video recording and its limitations,the right to inform rules,ways and means of interrogation rational choice to treat the rules of evidence and illegal and other related systems,and common law and civil law countries the legitimacy of proceedings and the limits of the system are summarized,with a view to committal proceedings on the legitimacy of our country have the guidance of the reform.Partâ…¢summarizes the proceedings exist in our country both questions,the four characteristics of the general concept of sound,two questions First,the suspect,inadequate protection of the interests of people questions,questioning the power of two is not enough restrictions on the problem;separately the four characteristics of our country are questioning the administration procedures,and closed,and mandatory relief against the rights of the imperfect channel characteristics;these problems,the characteristics of our country shows a basic questioning procedure problem,that is,questions the legitimacy of missing,questioning the legitimacy of the procedure there is great danger of missing, therefore,based on the legitimacy of the rule of law in the rational and the West National Example of legislation,taking into account our country's basic property proceedings and criminal proceedings of statements in our country at the Key Value constraints,which put forward the proceedings to improve our country's general idea that the legitimacy necessary to promote,the limits should be taken into account;separately from the last part of its restrictions on the right to remain silent,the right to assist counsel and their limitations,and restrictions on the entire process of audio and video recording,the right to inform the rules of the perfect ways and means of interrogation and illegal treatment of the evidence a rational choice of the design rules set out in detail how to improve our country for committal proceedings.
Keywords/Search Tags:The Interrogation Process in Investigation Stage, Legitimacy, Limit
PDF Full Text Request
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