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The Crimes Investigation Under The New Code Of Criminal Procedure Vision Work Study

Posted on:2013-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:C R YiFull Text:PDF
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The Fifth Session of the Eleventh National People’s Congress adopted a decision on therevision of the Code of Criminal Procedure. The modifications of the Criminal Procedure Law,the Crimes Investigation have significant and far-reaching influence on the one hand, itstressed that the core spirit of strengthening the protection of human rights in the criminalproceedings, also raised many new requirements of the specification investigation activities;On the other hand, according to Punish the reality of the crime need to further improve thecoercive measures, the investigative measures related procedures for investigating crimescases, the struggle against corruption and to provide a more favorable legal weapons.The current constraints of job-related crimes procuratorial organs of the problem ismulti-faceted. First, the legislation flawed, mainly job-related crimes functions: First, theCriminal Procedure Law to initiate an investigation does not comply with the relevantprovisions of the law of Crimes Investigation; two small Jizhen of reference, implementationdifficult constraints investigation performance; Third, The jurisdiction of the existence of agray area. Second, the right to Crimes Investigation invasion cut."The current number ofjob-related crimes the fact that the first is often in contact by the discipline inspection andsupervision departments and processes, handling such cases there is a de facto ’priority’,which invaded cut own investigation of the prosecution of legal rights. Third, the detectivework mechanism is not perfect, including: the first is unreasonable investigations institutionalsettings; investigation integration mechanisms unsound; imperfect intelligence gatheringmechanism; investigation safeguard mechanism is not sound. Fourth, there is a deviationphenomenon investigation philosophy.The modifications of the Criminal Procedure Law, the innovation and breakthrough ofChina’s criminal justice system the Crimes Investigation work is a full range of both theimpact on the program, and also the impact of law enforcement philosophy and lawenforcement guiding ideology, both positive androle in promoting, it also brings challenges.Specific reflected in the following aspects: First, to further improve the human rights protection system, update the law enforcement philosophy. The second is to further improvethe detection measures to strengthen the supervision and control of the investigation right.The third is to improve the defense system, strengthen the protection of human rights ofsuspects. Increase the types of evidence to change the standard of proof, strict CrimesInvestigation justice, the civilization law enforcement put a higher demand. The perfect issuea warrant and residential surveillance coercive measures, according to norms applicablemandatory measures more stringent requirements.The face of the challenges and problems likely to face in the process of theimplementation of the revised Criminal Procedure Law Attorney organs, procuratorial organsshould actively organize learning and training seriously study implement measures to pushforward the implementation of the new Criminal Procedure Law of the preparatory work onthe basis of, and fully understand the criminalv. Amendment of the opportunities andchallenges brought to the crimes Investigation work, take the initiative to adapt to themodifications of the criminal Procedure Law, and efforts to enhance the scientific level ofjob-related crimes detective work, standardize law enforcement activities, strengthensupervision and restraint, and make efforts to resolve the outstanding problems in thework,better combat crime, to maintain fairness and justice, to promote scientific development,promote social harmony. First, to firmly establish the concept of adapt to the new CriminalProcedure Law enforcement. Second, to promote human rights awareness, and strengthen theprotection of human rights. The third is to strengthen the evidence of consciousness aroundthe evidence to commence an investigation. The transformation of Investigative Concept toconstruct the new model of the Crimes Investigation. Accelerate the investigation ofinformation technology and equipment modernization, to the modern means of transformationfrom traditional human-type way of handling cases. Effectively strengthen dig nest checkstring awareness, and improve the overall handling capacity.7is to focus on improvinginterrogation capacity, especially the first interrogation, the ability to do interrogationcomprehensiveness, accuracy and fixity. Eight is a reasonable use of the provisions of thecompulsory measures, and earnestly safeguard the legitimate rights and interests of criminal suspects. Nine is the correct implementation of the criminal policy of combining punishmentwith leniency.10strengthen the Professional Construction vigorously improve the overallquality of the staff of the Crimes Investigation.
Keywords/Search Tags:Code of criminal procedure, Modify, Crimes Investigation, Challenge, Countermeasure
PDF Full Text Request
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