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Study On The Supplemental Investigation System

Posted on:2009-07-18Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhangFull Text:PDF
GTID:2166360278954323Subject:Law
Abstract/Summary:PDF Full Text Request
Supplemental investigation,as one of the systems of criminal procedure,has an important significance in ascertaining the facts and punishing the criminals.This article review the historical evolution of the supplemental system in our country. Through analyzing the related contrast with foreign countries,it points out the value orientation of superior in punishing criminals to in guaranteeing the human rights.In addition,it points out vision of reforming the supplemental investigation in our country.The article divides into five chapters in all,besides the preface and the concluding remarks.Chapter One:A Summary of the supplemental investigation system of our country.In this chapter,I study the source and the development of the supplemental investigation and preliminarily analyze the characteristics and the purposes of legislating and so on.Chapter Two:A complement of the supplemental investigation of foreign countries.In the chapter,I introduce and analyze the common law system and civil law system,and point out the superior in punishing the criminals to in guaranteeing the human rights by the contrast of the system.Chapter Three:The analysis of the present situation of Chinese supplemental investigation.In the chapter,I study the present practicing situation of Chinese supplemental system.On one hand,the system has a certain positive effect on investigating the facts.On the other hand,the system exists some problems in practicing,such as too many supplemental investigations and too little application of self supplemental investigation existing in legal practice,covert extended custody, results of supplemental investigation failing to accomplish an intended result,and so on.Chapter Four:The analysis of the reasons of the supplemental system.In the chapter,I analyze the reasons for the problems of practicing the supplemental system. In the conception level,the conception of regarding substantiality and depreciating procedure makes investigative organs and prosecution organs to take flexible choice for prolonging the time of handling a case,although both of them known there is no necessary of returning supplemental investigation;the conception of regarding solve a case and depreciating supplemental investigation makes investigative organs to pay no attention to collecting evidence for the sake of prosecution organs,that results in the poor quality of supplemental investigation.In the system level,because of the parallel status between investigative organs and prosecution organs,the supplemental investigation can't serve the prosecution.In the legislation level,because China's law and regulations are illegibly and coarse,makes no restriction on the supplemental investigation,investigative organs can do it at them pleasure.Chapter Five:The conception of consummating the supplemental investigation system of our country.In the chapter,I propose some ways of reforming:(1):making thins law and regulation;(2):implements prosecution to induct criminal investigation; (3):canceling the supplemental investigation in court inquisition.
Keywords/Search Tags:Supplemental Investigation, Guarantee of Human Rights, Ascertain of facts
PDF Full Text Request
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