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Truthful Statement Of The Obligations Of Legal Legitimacy

Posted on:2004-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:D M ShenFull Text:PDF
GTID:2206360092985329Subject:Litigation
Abstract/Summary:PDF Full Text Request
Some scholars consider that Criminal Procedure Law of the People's Republic of China imposing a duty on the accused to tell the truth violates the presumption of innocence and it causes extorting a confession by torture, infringes human integrity. In fact, sometimes the deduction of presumption of innocence is wrong, the duty to tell the truth has nothing to do with the extorting a confession by torture; the human integrity requires everyone enjoy the right to be treated honestly and perform duty to treat others honestly.The duty to tell the truth is certain. The right to silence is the preventive measures of state infringing human rights. State infringing human rights has become weaker and weaker, individual infringing human rights has become more and more serious today. The duty to tell the truth can prevent individual human rights from being infringed effectively, so the Criminal Procedure Law must impose a duty to tell the truth on the accused. It can enhance detection rate, assure procedure economy and improve morality.In order to make the institution in related to the duty to tell the truth perfect, independence of judicature and public detection should be established, and the exception to tyranny, the exception to the defect of institution, the exception to violation of criminal procedure law and the exception to juvenile crime should be established .We also should build up the law, for example, the time when the accused should be transferred; the site, the time ,the way of interrogation; and the way of handling the silence and the lying purposely.
Keywords/Search Tags:the duty to tell the truth, the right to silence, human integrity, nature duty, to re-establish the system
PDF Full Text Request
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