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On The Perfection Of Interrogation System In China

Posted on:2017-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:H GuanFull Text:PDF
GTID:2206330485967551Subject:legal
Abstract/Summary:PDF Full Text Request
Interrogation is investigation personnel in accordance with legal procedures questioned the facts of the case to the suspects by words. The system of interrogation is rules of investigative activities that cover interrogation principle, interrogation rules and the concept of interrogation. In recent years, countries in the world in order to regulate the interrogation, limited the interrogation personnel, time, principles, procedures and illegal interrogation for sanctions and relief strictly.2012 the new revised criminal procedure law by the National People’s Congress, the legislation for interrogation system need to pay much concern. This paper focuses on the research on our interrogation system, by referring to the relevant of extraterritorial interrogation system, to give specific provisions of the loopholes content settings defects, and to put forward measures to improve.The defects of China’s current interrogation system are reflected in the following two aspects:first, in the content of the system, the lack of rights informing before interrogation and the supervision of the interrogation is not perfect. Investigation and interrogation supervision, including a series of specific systems, in the field of judicial review, the presence of lawyers, synchronized audio and video recording. And in our interrogation system supervision, there are no provisions of judicial review and the presence of a lawyer the right system, the supervision of investigation and interrogation is conducted by organs and the new law provides synchronous recording system, no matter in system construction or supervision effect, there is a big hole. Secondly in the specific provisions, our current interrogation system have many defects, mainly reflected in the prescribed time interrogation careless, continuous trial, fatigue trial problems still exist; "answer" unreasonable obligations; interrogation tactics and illegal interrogation methods to field classification problem.Aiming at these problems, our criminal interrogation system should consummate in the followings:first, repair the content of interrogation system, such as the establishment of rules of right informing for criminal suspects, in order to solve the problem of the supervision system, China should establish the Lawyer Presence Right System gradually, perfecting laws of synchronized audio and video recording system. Second, repair the specific provisions of interrogation system, such as the detailed provisions of time, use of legal principles applicable regulation strategies of interrogation. Finally, the system of investigation and interrogation of our country formed a complete theoretical framework, in order to better guide the interrogation activities, to achieve the unity of the fight against crime and the protection of human rights.
Keywords/Search Tags:interrogation, interrogation in investigation, interrogation system, illegal interrogate
PDF Full Text Request
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