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Confessions Collection Rules

Posted on:2012-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:W B ZhengFull Text:PDF
GTID:2216330371452111Subject:Law
Abstract/Summary:PDF Full Text Request
Collection of rules is the statement in identifying the facts of the case investigation agencies in the process of orderly system should be general. It is not only the terms of reference guide to investigative bodies, but also the rights of the Accused text. Collected to study the rules of confession not only help reveal the common export rules for collecting, for the review of the statements provide a reference collection, and improve the testimony of the collection, but also help enrich theory and the law of evidence of pre-trial proceedings. In addition, for our long-standing and the public of the strong phenomenon of torture, to provide a solution path; also for the investigation stage to combat crime and seek a balance between human rights protection, to provide some reference. This article is divided into four parts:The first part is an introduction, describes the collection of rules of confession with the theoretical and practical significance; also summarized the concept of confession and features.The second part of the collection of rules for countries to examine statements, mainly in the common law and civil law countries the rule of law is more the main study sample, Britain, Germany and France were the countries of the investigation process to the study, according to the purpose of thesis writing, the inspection system is divided into the right part of the limits of their power section. Right to silence some of the major, the right to counsel was investigated; right to restrict some of the major rules to exclude illegal confession was investigated.The third part of the collection of rules for the common confession of the analysis, mainly to Britain, Germany and France that the process of collecting statements from the four countries shared the points to be analyzed, specifically including the right to remain silent in the analysis, the analysis of the right to counsel, and for the illegal confession Analysis of the Exclusionary Rule.The fourth part of the rules for the collection of confessions problems and improve the proposal, which are summarized in the statement of our main problems in collecting the rules, along with a perfect proposal.
Keywords/Search Tags:Statements collection rules, Right of silence, The right to counsel, Statements exclude illegal
PDF Full Text Request
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