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On The Criminal Investigation Mechanism Of Missing Persons

Posted on:2015-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:D D GuoFull Text:PDF
GTID:2266330428499238Subject:Law
Abstract/Summary:PDF Full Text Request
Missing, because of its nature is difficult to identify in our country is generallyregarded as a social event, there are many disappearances occurred in China everyyear.from the public security organs detected many criminal cases shocked China, manyof the cases are beginning to disappearances manifestations to serial murder,serialkillings,for example, the early stage of the case are missing and longer duration of crime,the phenomenon of missing hides behind a large number of criminal facts. After the publicsecurity organs detectd these criminal cases,they find missing only the surface form ofcrime. ue to the concealment of the disappearance, and missing situation is complicatedand not all of the missing cases related to criminal crime,if there is not crime facts, onlymissing reported, the public security organs can not apply " Criminal Procedure Law " toreport of placing a case on file. So for missing cases, the public security authorities thinkthat these cases do not have the conditions placed on the grounds, not on file. And fordisappearance cases, the public security organs have a long investigation before filing toinvestigate whether there have been a crime fact,but this stage of investigation is a verylong time,because many disappearances can not be found in any evidence to prove that themissing person may be subject to criminal violations. By the time the investigation ofpolice,the evidence at the beginning of the crime may have been disappeared, so it is notconducive to criminal investigation more. Research on cases of missing persons can causethe attention of the public security organ to disappearance, at the same time improvemissing filing system so that the population disappearances can resolved better.This paper first describes the concept and scope of missing persons, and elaboratedsome stipulates as well as the existing problems to missing persons in our country law lawsand regulations and other relevant documents, and through cases elicit the relationshipbetween criminal offenses.The second chapter describes the current situation of dealingwith population issues and the disadvantage of filing system. The third chapter throughcontrast with the missing persons early warning mechanism of China and the UnitedStates, and through some cases states that our county can reference the missing persons early warning mechanism of United State. The fourth chapter based on the analysis of theabove and put forward some Suggestions of perfecting our country’s missing personinvestigation mechanism.This article from some criminal cases about disappearance ofshows that in our country have some problems to the disappearance of a criminalinvestigation, and according to the existing problems,draw some foreign experience andpropose some effective measures to improve the population’s disappearance criminalinvestigation system so that be able to pay attention to the disappearances, and improve thestatus of our missing persons investigation.
Keywords/Search Tags:Missing persons, Report case, Case filing, Investigation
PDF Full Text Request
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