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Investigation Process Criminal Suspects A Juvenile Right Of Action To Protect People's Research

Posted on:2010-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:X Y WangFull Text:PDF
GTID:2166360275460745Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Given special legal protection of minors are the United Nations juvenile basic norms of criminal justice,most of the existing rule of law established a relatively perfect legal proceedings to protect the rights of minors of the judicial process,and our country is still a minor does not have a specific Code of Criminal Procedure,academic programs for the protection of minors to detect the suspect's right of action research in relation to the proceedings is relatively weak,and our country the protection of minors in the investigation process criminal suspects of right of action also exist a number of inadequate procedures to detect and therefore how to protect minor criminal suspects the right to conduct an in-depth of the proceedings,systematic study on a very important practical significance and theoretical value.In this paper,through the use of comprehensive analysis,comparative study of the method,the rule of law drawing on the experience of related systems,combined with the legal environment of our country special,in my country on the investigation stage of the litigation rights of minors to protect people,they focus on strengthening the existing law,but also pay attention to investigative powers of the public security organs of the constraints,with a view to better protect the special rights of minors,at the same time through the process of investigation related to the litigation systems in the improvement of the procedural rights of minors to provide a good security system.The full text is divided into four major parts,the body of more than 30,000 words.Introduction PartⅠ:Introduction of this paper is to study the juvenile motives,research purposes and,finally,the main problem to be solved.Our country because of the current investigation procedure "inherently inadequate" and "lacks" the reasons for the judicial system and our country Study on juveniles late start,so the detection process to resolve juvenile criminal suspects the right to protection of the litigation should be a phased, step-by-step of.In this paper,analysis,comparative study of methods,from the practical situation of our country,building a rough process of China's investigation of a juvenile criminal suspects the right to the protection of the litigation system,with a view to better safeguard the legitimate rights and interests of juveniles.PartⅠ:investigation of procedures for the protection of minors,the rights of criminal suspects on the significance of the proceedings.In this paper,I first defined the study - the concept of minors,juveniles in this article refers to the investigation process into the juvenile criminal suspects.The second describes the protection of the rights of juveniles of the need for litigation.Taking into account the specificity of their own juvenile crime,as well as international and domestic specificity of minors to the idea of special protection,then we should not only be the result of the punishment on the protection of juveniles,in the same proceedings of juveniles to strengthen the protection of people to try to avoid being branded as crime "tag",not only to juveniles through education will shape the adult,but also respect for the rights of its people so that the healthy growth of juveniles.PartⅡ:Analysis of process of our investigation of a juvenile suspect's right of action to protect people's current situation and problems.Pointed out that a juvenile has been inadequate legislation restricting juveniles our country a major factor in the development of the judicial system,and the legislature are the vulnerability of the judicial practice of an excuse for inadequate implementation of laws.So specific to the investigation stage of the proceedings,from the interrogation of minors to the start of the detention of juveniles,which are a set of procedures exist to detect the minor violations of the rights of legal action situation.In this paper,the questioning,the investigation stage to appoint a lawyer to provide legal assistance and the lack of coercive measures against juvenile suspects these people of their own specific questions were the focus of analysis of defects.PartⅢ:in the reflection questions on the basis of the detection of foreign proceedings in criminal eases to protect juveniles,the experience of criminal suspects,the author of our country to build a juvenile procedure to detect the suspect's right of action security system. Specific ideas put forward the following points:one,to improve detection of questioning the right of adults to participate in the system,Juvenile criminal suspects in order to assist people successfully through all stages of criminal proceedings,the West Country in general the rule of law established the right of adults to participate in the proceedings of the system,and although our country has been concerned about this issue,but because of the lack of appropriate adults attending the mandatory requirements of the problem and therefore I believe that improving the detection of questioning in our country the right of adults to participate in the system is necessary.I detect from the mandatory examination of the scene in the right of adults to increase the suitable candidates for adults as well as a clear examination of the appropriate adults at the three aspects of the rights and obligations to improve the detection of adults questioned in the right to participate in the system. 2,improve the detection stage to appoint a lawyer to provide legal aid system.Criminal court is not confined to the trial stage,but to the investigation,prosecution,trial a total of three stages,so a juvenile criminal cases at trial stage should not only be designated for the defense lawyer,the investigation phase should also be its to appoint a lawyer to provide legal help,I think we can draw on overseas duty lawyer system to improve the detection phase of our country lawyer's legal aid system.3,improve our country of young people to apply coercive measures.The author of juveniles from the sound system and the bail measures to strictly limit the application of the arrest of juveniles in order to reduce the detention of criminal suspects,the two levels of the juveniles to improve our country for people of compulsory measures,with a view to proceedings to maximize the protection of the legitimate rights and interests of juveniles.
Keywords/Search Tags:Juveniles, Investigation procedures, Present situation, Improve
PDF Full Text Request
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