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Study On The Standardization Of Public Security Organs Scene

Posted on:2014-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:M R LvFull Text:PDF
GTID:2296330422489982Subject:Law
Abstract/Summary:PDF Full Text Request
The inspection of the scene of the public security organization is thedepartment of investigation in criminal investigation work process through fieldinvestigation, on-site investigation, site analysis discussion, discovery and collectionof evidence related to the crime lab test, identification, delineation of the scope ofinvestigation and provide direction for crimes, the crime behavior and personal, andwork for the an important, indispensable criminal evidence specifically according tolegal procedures.Scene investigation quality directly shows whether extraction on the evidenceof the crime, whether can ensure the quality of case handling the relationship betweenprosecution and trial, with successful cases. Therefore, it must establish a standard ofmeasure, in order to standardize the scene investigation and improve the quality of thescene. Scene investigation standards include: according to the nature of the incidentto check and judge; according to a comprehensive collection of the facts and evidencerelated to the crime. The judgment standards base on the meeting and researchquestions. The on-site investigation legal standards include: in accordance with theexploration program "Scene" of the provisions of the criminal procedure law; theobjective, comprehensive exploration field and obtain evidence; ensure the reliabilityof sources of reconnaissance obtained evidence; attach great importance to formallegitimacy has access to the evidence; pay attention to scientific evidence, theprohibition of illegal evidence; and fully guarantee the exercise participation otherpersonnel on-site investigation of litigation rights; measure and review theexploration work in fact standard and legal standard. On the other hand, sceneinvestigation runs through the whole process of criminal investigation and criminallitigation, the core of its work is to get the case evidence on-site inspection stage, applying to the prosecution stage evidence. Therefore, the scene should be based onour country present "Criminal Law" and “Criminal Procedure Law ", in accordancewith legal procedures to obtain direct evidence and effective use of. The scene toextract evidence, the proof is mainly reflected in the subjects to gain evidence,evidence collection in accordance with legal procedures, in the form of legal evidence.Only in this way, the various links in the investigation, litigation evidence to havelegal guarantee, exert its probative force.In this article, the author has worked over the years. The experience has beenengaged in the exploration, theory with practice, according to the five most layout oftext, full text of about thirty thousand words.The first part is the system introduced the field of China’s public securityorgans exploration work, including the concept, the concept of the scene investigation,scene investigation task, requirement, significance, basic principles of sceneinvestigation.The second part is the analysis of problems and causes of the situation, ourfield exploration.The third part is the introduction of foreign system of the survey study andreference.The fourth part introduces the new "criminal procedural law" exploration andanalysis system to our site.The fifth part from the norms of our system of the survey point of view, somethoughts and Countermeasures to improve its probative force of the evidence.
Keywords/Search Tags:public security organs, scene, standardization, evidence
PDF Full Text Request
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