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Research On The Relevant Issues Of Investigative Supervision In The Vision Of The New Criminal Procedure Law

Posted on:2014-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:Z F QiFull Text:PDF
GTID:2256330401978001Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As the foundation of the whole criminal procedure, Investigation Procedure hasimportant influence on the whole criminal structure. The history of Chinese andforeign criminal litigation also proves repeatedly that the wrong judgment has alwaysbeen caused by the wrong investigation. Based on the important responsibility ofconfirming crimes, the investigation subject has strong power. So it is hard to balancethe two aims of punishing criminal and ensuring human rights in the InvestigationProcedure,which directly reflects confrontation between the state power and civilrights. Therefore, the control of the investigation has been a very importantproposition of criminal procedure. As legal supervision organs, investigationsupervision from the Procuratorial organs is an important way to control the power ofinvestigation in our country.On March14,2012, the National People’s Congress had voted for theAmendments to the Criminal Procedure Law. The New Criminal Procedure Lawmodifies111terms in total, involved in50%of the total articles. The total number ofThe New Criminal Procedure Law has increased from229to290.18terms have beenmodified and8terms have been added in Investigation Procedure,in addition to otherdozens of provisions relating to relevant amendments such as illegal evidence andcompulsory measures. For investigation supervision, the New Criminal Procedure Law, is not only anopportunity, but also challenges. The New Criminal Procedure Law do changes manyaspects of the investigation activities, which will promote changes of the InvestigationSupervision’s content undoubtedly. Along with the content and difficulty increase,Procuratorial organs will face new challenges.To protect the legislative purpose of the New Criminal Procedure Law and toimplement function value of Investigation Supervision, Procuratorial organsshould be mainly analyze the new reform and the challenge from the new reform andtry to find the ideas and countermeasures to solve the challenge comprehensively onthe basis of practical experience before based on the new view of The New CriminalProcedure Law. Therefore this paper makes the following design along above train ofthought.Chapter one discusses the overview of investigation supervision. Section1pinpoints the definition of Investigation Supervision. The second Section expoundsthe important value and significance of Investigation Supervision.Chapter two discusses the trend analysis of reform about InvestigationSupervision. In Section1by examining the relevant regulations mainly, finds andsummarizes the modified content. In the second Section expounds the reform trendof Investigation Supervision through the analysis of the content.Chapter three discusses the new challenges in Investigation Supervision from theNew Criminal Procedure Law. Three aspects including the legitimacy of evidence,applicableness of compulsory measures, protection of lawyer are discussed andinvestigated mainly in this part. Section1discusses the challenges of the rules ofexcluding illegal evidence. Section2discusses the challenges of the compulsorymeasures. The third Section discusses the challenge of protecting lawyer.Chapter four discusses the countermeasures for the challenges of InvestigationSupervision under the new vision. Based on the above detailed analysis of challenges,tries to find the solution by the theory of procedural law. In the Section1,startingfrom the overall strategy, the paper focuses on four aspect analysis, such asstrengthening procuratorial dominance, building rigid sanctions regime, making synchronous real-time monitoring, attaching great importance to the lawyers function.In the Section2, based on the main content of investigation supervision, the paperfocuses on establishing illegal evidence exclusion mechanism in the investigationphase, detention necessity review mechanism, supervision mechanism to specifiedresidential surveillance analysis.
Keywords/Search Tags:the New Criminal Procedure Law, Investigation Supervision, challenges, countermeasures
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