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On The Reorganization Of The System Of Supplementary Investigations

Posted on:2013-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:Z ChenFull Text:PDF
GTID:2246330362466180Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
China’s supplementary investigation system of special procedures of the law in the judicial practice of utilization is very high, and its application effect relates to the use of judicial resources and the efficiency of the transfer of criminal proceedings, but not very consistent in the system design and actual operation. Criminal proceedings should not only concern the efficiency is more important is to realize the just value of crime control and protection of human rights, in the trade-off between efficiency and justice is an eternal topic of criminal procedural law. Supplementary investigation is based on such trade-offs arising. A series of problems in practice, returned for supplementary investigation, many scholars have done a lot of research, and also put forward many valuable ideas for reform. But ignored in reality, China’s current "Code of Criminal Procedure, the provisions of the supplementary investigation did not fully adapt to the changing social reality. Supplement the legislative status quo of the detection system and our laws with the relevant provisions of the supplementary investigation system in China, there are a lot of problems, the program back in obvious the authorities handling the mutual "borrowed time" serious, returned for supplementary investigation outline writing quality is not high, lack of internal checks and operational guidance to the Public Prosecution Service and the investigative organs, the litigation involved in human rights protection gap, therefore, the practice of supplementary investigation is out of control, and has deviated from the normal track of its run, it must be controlled. I believe that, not have the correct, complete theoretical guidance about the reform did not seem highly persuasive, and in practice is very difficult. The articles focus on the topics on the reaction system of judicial status quo of China’s supplementary investigation, combined with China’s national conditions, select a line with China’s existing system based on the case, combined with advanced Western concept of law, how to supplement China detection system for effective improvement, specifically, further adjustment of China’s prosecutors and police relations and how the prosecution cheaper system in Japan the introduction of our two directions.
Keywords/Search Tags:Supplementary investigation, Human rights, Integration of police and procurator, The prosecution system, The relatively reasonable, The discovery of evidence
PDF Full Text Request
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