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On Threat、Enticement And Duplicity Of Legal Limits

Posted on:2015-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:D Y HongFull Text:PDF
GTID:2296330452960538Subject:Law
Abstract/Summary:PDF Full Text Request
China’s criminal procedure law and relevant judicial interpretation has been prohibited in threat, enticement,deceit methord to obtain confessions, legislation explicitly "threat, enticement, deceit" identified as evidence in a"illegal method".Fiftieth of the criminal procedure law amended in2012stipulates that:"after it is strictly prohibited to torture toextract confessions and to collect evidence by threat, enticement,deceit and other illegalmethods". Fifty-fourth,clearly regarded as to exclude illegally obtained evidence.Thismeans that the legislation explicitly "threat,enticement, deceit" identified as evidence ina "illegalmethod". The implementation of the new criminalprocedure law has broughtnew challenges to theinvestigation work, become the difficult and controversial issues in investigation work, to a certain extent with theinvestigation practice. These legislativeprovisions, not only from the system further to curb torture to extract confessions andother illegal methods to collect evidence of behavior, also put forward new requirementsto theinterrogation work in china.The aim of this paper has two aspects: legal limits the definition of "threat, enticement, deception" interrogation ",puts forward the methods and ways to grasp the threat,enticement, deception" questioned the legitimacy of the. As everyone knows, Investigation and interrogation confrontational obvious characteristics, to the criminal confessed, is bound to apply to various strategies in interrogation, including "threats, enticement, deception"strategy. Not all the "threat in judicial practice, enticement,deception" interrogation methods damage the legitimacy of the confession, not all the "threat, enticement,deceit" can lead to false confessions."The threat, enticement, deceit" interrogation methods islike a double-edged sword, in theplay to its special effects. At the same time, if beyondthelegal limits will bring infinite harm, will not only infringes upon the lawful rights and interests of the interrogation of a criminal suspect, will damage the image of country and judicial dignity, so on investigation " interrogation methods make the legal justification of the definition, with the greatest degree of draw on the advantages and avoid disadvantages, to ensure that the work of investigation in the amended Criminal ProcedureLaw under the background of the smooth development of.This paper mainly uses the literature material law,experience summary method. Combining theory and practice method etc. In the stage of reading researchliterature,collecting and studying a large number of well-known domestic and foreign literatures, the author unifies own investigation practice experience, in instructs under teacher’s help, we first use value analysis method to do the overall value of "threat, enticement, deception" interrogation methods, a second with the study of comparative law analysis of USA etc. the main representative current situation of legislation on "national threat, enticement, deception" interrogation admissible and its limits, finally analysis method was used to analysis the legal limits, lure, duplicity interrogation threats, and puts forwardthe correct grasp of "threat, enticement,deception" methods and ways of questioning the legitimacy of the judicial practice.
Keywords/Search Tags:Threat, enticement, deceit, Interrogaive Tactics, legal limits
PDF Full Text Request
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