Font Size: a A A

Investigation And Interrogation Procedures Under The Perspective Of Procedural Justice

Posted on:2013-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:S Z YuFull Text:PDF
GTID:2246330374469583Subject:Law
Abstract/Summary:PDF Full Text Request
According to the basic concept of procedural justice, the proceedings and the law enforcement process is designed for security independent of the procedural value. The core point is to respect the dignity, freedom and rights of the parties. Investigation and interrogation procedures and the referee process have a direct relationship between the criminal administration of justice. According to the law of confessions obtained by the trial and cross-examination, defense, as well as other evidence obtained by the clues tend to be subjected to judicial the basis of one of the referees. Therefore, the investigation and interrogation procedures in line with the concept of procedural justice should be guaranteed to be heard by the confession of interrogated people excuse the investigating agencies to ensure they get the oral evidence flawless.The frequent occurrence of torture, directly or indirectly against the interests of the person questioned the phenomenon. China should adapt to the basic national conditions of the transition period under the premise of balance detection and protection of human rights, change the heavy blow, light protection, the traditional concept, reversing the customary practices of judicial practice for the card, protecting the person questioned the life and health, the right to defense, the right to meet the requirements of the procedural justice. Starting from the concept of procedural justice, drawing on experience in Interrogation inquisitorial proceedings and adversarial proceedings two mode, and by analyzing the contents of the Convention on the protection of human rightsThis article from the concept of procedure justice, on the program justice in the procedure of investigation and interrogation of the basic requirements for a brief analysis. Secondly, the system examines the western countries the procedure of investigation and interrogation in the realization of procedural justice in the basic experience, namely strengthens to the procedure of investigation and interrogation of the process control and control of results. Again, on the procedural justice in our country the procedure of investigation and interrogation of the embodiment of a brief investigation foundation, to our country the procedure of investigation and interrogation and the justice of procedure between the difference and its reason undertook systems analysis. Finally, our country further revision and perfection of the procedure of investigation and interrogation of the necessary foundation, to our country how to follow the principle of procedural justice to advance the interrogation procedure reform is discussed.
Keywords/Search Tags:Investigation and interrogation, Proceduraljustice, The protection of human rights
PDF Full Text Request
Related items