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Two Background Investigation Interrogation Reorientation

Posted on:2013-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:H Y FanFull Text:PDF
GTID:2246330395988604Subject:Investigation
Abstract/Summary:PDF Full Text Request
In the investigative procedures of the criminal proceedings, the interrogation of criminalsuspects and to protect their rights for a long time, the use of interrogation methods the finalorder to obtain valuable statements as evidence material, which investigated the crime and toprotect the rights of the perpetratorthe value of conflict. China’s Criminal Procedure Lawclearly stipulates strictly forbidden to extort confessions by torture and to collect evidence bythreat, enticement, deceit and other illegal methods, but the comparison of theory and researchof the foreign analyze specific issues, according to China’s status quo of criminal proceedings,the above-mentioned methods of interrogation there is a certain rationality, but moderate use.After the introduction of the two provisions, the investigation and interrogation faced withopportunities and challenges, investigators should change their ideas and adapt to newrequirements to improve the detection efficiency; the same time, the investigation authoritiesshould also take active measures to establish the relevant mechanisms, to ensure investigationwork to be carried out smoothlyThis article is divided into seven parts, of the significance of the two "under theprovisions of the background research Interrogation, domestic and international issues relatedto research, investigation and interrogation of the concepts are clear, the investigation of therelationship of the interrogation and detection efficiency, Interrogation procedureslegitimacyissues and means of investigation and interrogation,"two provisions of the context of thinkingand how to improve the investigation and interrogation, investigation and interrogation.The first part of the two provides the context to study the significance of theinvestigation and interrogation. Evidentiary provisions from the Code of Criminal Procedurefor the vague provision does not sound point of view, to clarify the positive role of the twoprovisions "summed up the prospects in the prevention of torture and enemy wrong case fromthe long-term practice.The second part, at home and abroad. The author a brief introduction of foreignprovisions on Interrogation and research, compared to the domestic situation, recognizing thatat home and abroad on the investigation and interrogation of the strengths and weaknesses.The third part of the investigation and interrogation of the concepts are clear. Start fromthe concept of Interrogation, compared to the investigation and interrogation and asked toreview the prosecution interrogation and trial interrogation interrogation, clear investigation and interrogation of the concept and the role and significance of the entire criminal process.The fourth part of the investigation and interrogation, and detection efficiency. Thissection is more concerned with the author, because the The Interrogation purpose is to ensurethe smooth progress of the investigation and criminal proceedings, and its role is self-evident.I the analysis of the costs and benefits of investigation and interrogation, a brief comparisonof the costs and benefits of non-standard examination.The fifth part of the due process of investigation and interrogation issues and means ofinvestigation and interrogation. The one hand, the legitimacy of the procedures involved, theauthor introduces the concept of due process, origin and Interrogation; the other hand, themeans of investigation and interrogation, compared to a common threat, deception,enticement, highlighting lure of the particularity of the interrogation in the interrogation, anddescribed the causes and significance can be properly applicable.The sixth part,"two provisions of the context of investigation and interrogation ofthinking. In any case, the investigation and interrogation, although there are a lot ofcontroversy and problems, but its status remains unshakable. I think we should dialecticalview of its role and status, and focus on relevant international standards and rules of evidence,the only way in order to better play the role of Interrogation.The seventh part provides that "the context of how to improve the investigation andinterrogation. This section is the focus of the article. Mainly from the concept of change,recognizing the positive significance of the "two states" and response measures to improve thefive aspects of confessions rule as the starting point on the current status quo under theCriminal investigation authorities and questioning how to deal with "two provisions.requirements in terms of improving the investigation and interrogation work, is a rareopportunity.Which the exposition of this paper due to limited information obtained, the authors onlyin the specific study and practice the process of collection and limited contact information,access to one-sided knowledge, discourse, so the level and depth is very limited. This is theauthor in the future work and learning process needs to continue in-depth study in the field...
Keywords/Search Tags:Protection of human rights, investigation and interrogation, detectionefficiency, due process, concept of transition, mechanisms elevation
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