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China's Criminal Suspect's Rights Protection Institutions In Investgation Procedure

Posted on:2012-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:H B GuanFull Text:PDF
GTID:2216330368995046Subject:Law
Abstract/Summary:PDF Full Text Request
Enhancing the Criminal Suspect Protection Institution is the basic requirement of modern lawful society for criminal prosecution institutions. Compare to suing and judging phrases, improving criminal suspect's rights protection institution in investigating processes is more important. The study on criminal suspect's rights protection institution in investigating phrases is much valuable for improving judicial justice. The independence of this institution is also the requirement of processing rationality and social justice.However, the protection for criminal suspects' rights is not very enough now in China. The most important reason for making this status quo is referring to our country's lawmaking. The big revising of Criminal Procedure Law Of The People's Republic Of China is very helpful for changing this situation, otherwise, this reform should be started with deep understanding on the nature of criminal procedure actions. The revising should focus on overcoming variable malpractices in contemporary criminal procedure actions, especially in the investigating phrases.We should abandon all the malpractices in previous criminal procedure actions. In the meanwhile, we also have to learn from other countries in their good practices of criminal law. Based on long time experiences and practices in protecting criminals' rights of investigating phrases, the author provides a new plan on improving this institution. The essay is divided into three parts:introduction, discussion, and conclusion.1. In the introduction part, we review all the important theories on the issues of protecting criminals' rights in investigating phrases. We also introduce some countries' law on protecting criminals'rights.2. In this part, we analyze all kinds of malpractices in protecting criminals' rights in investigating phrases. We give our own explanations; provide the correct directions on reforming this institution.3. In conclusion part, we offer a totally new plan on changing China's Criminal Suspect Protection Institution.
Keywords/Search Tags:investigation phase, The criminal suspect, Post-sentence detention, Illegal evidence
PDF Full Text Request
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