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A Research On The Investigation Interrogation

Posted on:2010-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y M TangFull Text:PDF
GTID:2166360278959228Subject:Legal theory
Abstract/Summary:PDF Full Text Request
What is the Interrogation? From a technical point of view, interrogative activity can be seen as interrogative organs in order to obtain the suspect' s statement, reveal their criminal objectives and details of crime and other crimes uncovered and the suspects carried out investigating the activity which is one important clue to obtain the evidence and ways of accessing and means of investigation, so it plays a key role in exposing and confirming the crime. Therefore, this system since ancient times has been attached great importance to national and legislative reservations. However, building a modern system based on protecting the criminal suspect, and not forced on any person the privilege against but a center of the voluntary. Self-incrimination principles of modern litigation, criminal suspects to no longer assist the country has an active prosecution authorities search out the legal obligations of the facts of the case, in the interrogation process, whether or not a statement of the nature of statements made entirely dependent on the suspect' s freedom of choice.However, in our country at the present stage of investigation activity, the interrogation of criminal suspects in almost every case by the program must detect very activity statements emphasize the role of criminal suspects to obtain confessions of detection as the most direct, economic, is also the most important means. Questioning as the investigation on behalf of the state institutions of recourse against the activities of individuals, almost always face to restrict or deprive rights of citizens of and interests of individual freedom and the problems and the risk of abusing of state power. Questioning the system existing to consider how more staff to enable effective access to the investigation of criminal suspects for the population requirements, there is no right to establish scientific and standardized this procedure, neglecting the rights of criminal suspects protection, in addition to questioning the process closed and the lack of effective supervision, and the questioning of the interval of time, place, and questioned the results of all the provisions of a relatively fixed general questioning of the investigation it is difficult to play a really binding, resulting in torture and other illegal interrogation to obtain confessions of repeating situation, suspects confession voluntary in practice it is difficult to be guaranteed.Therefore, the need for our country to review on the current investigation system, the rule of law drawing on the experience of a mature country, between the control of crime and the protection of human rights to maintain a balance, thereby to improve our questioning the system. I believe that the consummate of questioning the system have to give full consideration to public order and criminal justice status, follow the international standards of criminal justice, adhering to minimum standards of procedural fairness. First of all, people want to establish the suspect not to be compelled self-incrimination principle of presumption of innocence, have set up restrictions on the right to remain silent system, a clear examination of the method, time, location and conditions; followed by the expansion of the right to assist the lawyer to establish illegal exclusionary rule of evidence, a clear right to this process, the implementation of synchronized audio, video system, to ensure that the investigation of openness and legality of interrogation; Finally the investigation is also necessary to strengthen the supervision of examination activity, and to improve the supporting system, the implementation of the investigation in charge of custody system, a clear Separation of the trial in mind, the implementation of the trial of criminal suspects and the main isolation system and improve the self -cultivation of investigators, set up the reward and punishment system related to, so as to ensure that the proceedings of criminal suspects and their status of voluntary statements.
Keywords/Search Tags:Investigative Interrogation, System, criminal suspects, Question, perfect
PDF Full Text Request
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