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Protection Of Human Rights Research Of China's Prosecution In The Process Of The Investigation Of Job-related Crimes

Posted on:2010-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:P ZhangFull Text:PDF
GTID:2166360302466391Subject:Legal theory
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With the opening and reform policy carried out,China's international status has been greatly improved.China's international influence has been increased gradually and it has become one of the most powerful countries in the world.People in the world affirm China's culture,economic progress,but at the same time criticize the protection of human rights.People hold different attitudes and positions.China's human rights protection has become a hot issue that all the countries in the world are concerned about.In fact,after the Cultural Revolution,China's legal system slowly walked into the formal regulation.Protection of human rights is gradually being widespread until it becomes the country's basic obligations.In this larger context,the author combines theory work with practice.The paper discusses the protection of human rights in job-related crimes investigation.The author divided the article into four parts and put forward some useful suggestions on this issue.Chapter 1 The functions of the prosecution investigationThis chapter introduces that the power of investigation is China's prosecution.It is an important part of prosecutorial power that the law gives the prosecution the investigation power of job-related crimes.Around the world,on the right of prosecutors investigating the configuration,different countries have different patterns. In general,in British,france and America,the power of inspectors is much smaller than that of in our country.But with the needs of the judicial practice,different countries have the same tendency to strengthen their power.This article introduced the function of France,Germany,Great Britain,the United States,and the former Soviet Union's prosecutors in their investigation process and the roles played.At the same time,it emphases the legal system in China:1.The prosecution investigation will generally be targeted for national staff,according to "People's Republic of China's Criminal Law".The following provisions of persons are considered as state officials:staff of state organs;state-owned companies,enterprises,career units, people's organizations engaged in official business;state organs,state-owned companies,enterprises and institutions assigned to non-state-owned companies, enterprises,institutions,social organizations engaged in official business;other public service in accordance with the law personnel.2.The measures taken by the investigation include:the questioning of criminal suspects;examination of witnesses; inquests,examinations;search;seizure of documentary evidence,exhibits, audio-visual materials;Identification;identification;wanted.3.Our Constitution and laws give the prosecution the right to job-related crimes investigation.This connects the two parts and found the relation of prerequisite and guarantee.This system suits the characteristics of China's constitutional system.Chapterâ…¡Human rights and protection of human rightsIt introduces the concept,the history and development of human rights.It also expounds the right of legal supervision given by China's Constitution,so that the fundamental task of the prosecution is to protect the public power from being abused, which is the same as the essence of human rights protection.Country's judicial powers and the civil rights of the individual is not balanced,so we need to strengthen the constraints on public power,so that the exercise of state power against individuals is more standardized,so as to protect the interests of the individual are not violated.At the same time it demonstrated the significance of human rights protection:1. Protection of human rights is the demand of the development of political civilization. 2.Protection of human rights is the power to build a socialist economy market with Chinese characteristics.3.Protection of human rights is the basis for governing the country by law.Chapterâ…¢The shortcomings of immediate job-related crimes investigation in the protection of human rightsDescribes the job-related crimes' characters-hidden feature and anti-detection capabilities of criminal suspects,which give job-related crimes' investigation much difficulty.On the other hand,we must recognize that China's current job-related crimes the prosecution ability lies in a lower level,which forces the prosecution investigators to endure too much pressure in their work.Of course,this is a very complex social phenomenon,and its causes are also far beyond the scope of the law, so this section analyses the shortages of the protection of human rights:1. Prosecutors' lack of human rights awareness;2.Job-related crimes' investigation lack effective monitoring of enforcement measures;3.The phenomenon of torture is constantly increasing;4.the phenomenon of extended detention in disguise can't be prohibited;5.The absence of the presumption of innocence. Chapterâ…£Improve the path of the protection of human rights crimes' detection analysisThe chapter introduces the phenomenon of hurting criminal suspects,which is in job-related crimes and in the investigation of these violations.Namely,the phenomenon is not only related with prosecution investigators' lack of awareness and ability,but also with the independent exercise of prosecutorial power in accordance with law protection mechanism which is not on a sound basis.The details are as follows:1.Strengthen the prosecutors' awareness of human rights protection.2. Establish the presumption of innocence according to the fact.3.Improve the evidence system,including:â‘ .To exclude illegally obtained evidence;â‘¡.The implementation of the burden of proof reversed.4.Using of technology-based means of investigation in job-related crimes investigation.5.Strengthen a sound job-related crimes investigation of the internal control mechanism.6.Enhance job-related crimes investigation of the external oversight,including:â‘ .To explore the implementation of the open system of job-related crimes investigation actively.â‘¡.Improve the disciplinary system of the prosecutor.â‘¢.Conscientiously implement the system of lawyers.â‘£.Uphold people's supervisors system.
Keywords/Search Tags:Job-related Crimes, Right of Detecting, Human Rights, Ensuring Human Rights
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