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A Study On Interrogation Against Duty Crime In The Amendment Of Criminal Procedure Law

Posted on:2013-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:Q NieFull Text:PDF
GTID:2256330425472065Subject:Litigation
Abstract/Summary:PDF Full Text Request
The decision of the National People’s Congress on revising the criminal procedure law of the People’s Republic of China has been passed in the March14,2012from the first session of the11th National People’s Congress by five times. It was executed since Jan.1,2013.This is the major revise since1996, among of which, the duty crime investigation and interrogation work has great impact on the revised contents including establish the cock of the walk around here is forcing anyone to incriminate himself principles, improve the illegal evidence elimination system, has been clear about the defense lawyer meet power, the JianYiQuan advance to the investigation stage, puts forward the interrogation audio and video synchronization request and so on, to better carry out the "respect and safeguard human rights" principle, especially the effective protection of the criminal suspect or the defendant’s litigious right and human rights provides legal protection, at the same time also to the procuratorial organs duty crime interrogation work put forward severe challenges.Because a large number of new protection of defendants and restrictions, standard investigators the regulation of behavior, no doubt increased the breakthrough for and maintain oral confession stable difficulty, if still according to the traditional "a piece of paper, a pen, a mouth" interrogation pattern machinery to carry out the investigation and interrogation work, not only difficult to safeguard the case in accordance with the law the legitimate rights of the litigants, but also difficult to get better interrogation effect, may also so let some corruption molecules escape legal sanction, is not conducive to punish crime.Therefore, in the new situation to carry out investigation and interrogation work, not only requires the investigators in the interrogation with indoor criminal suspect face to face in the battle to have more strict normative and higher counsel sex, and also requires investigators in the interrogation under outside more kung fu.In this background, the author ACTS according to oneself to participate in and understand some successful experience of interrogation case, with the investigation and interrogation work related time, space, power as the Angle of view, and put forward the framework of "trinity" of interrogation work mechanism assumption, in order to cope with the challenge of new points, in order to in in accordance with the law, the requirement of the specifications, better complete investigation and interrogation task.
Keywords/Search Tags:change point, Duty crime, three forming an organic whole, Interrogationroom, Interrogation of force
PDF Full Text Request
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