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The Study Of Protecting The Legal Rights Of The Suspects In The Scouting Stage Of Police

Posted on:2015-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:D F GuFull Text:PDF
GTID:2296330467499364Subject:Law
Abstract/Summary:PDF Full Text Request
The public security organs to assume an important function investigation of criminal cases and the coercive measures of criminal suspects, is one of the important subject of criminal procedure law enforcement. After the test of practice and accumulated long time exploration, experience, China’s public security organswork has already formed the filing, investigation, prosecution or not to prosecutethree main views work. Investigation in the criminal procedure law is defined as:"the public security organs, people’s procuratorates in the process of handling cases in accordance with the law, a special survey and related compulsory measures". Investigation stage is an important part of the work of public security organs, plays a very important function to find the truth.The first part outlines the public security organs, has been clear about the scope of accepting cases, made the definition of scope for work of public security organs.As the public security organs in investigation stage in China and other countriesthe military organs, administrative organs, judicial organs of the people’s Procuratorate and draw the organization boundary. Defines the concept and thelaw of evidence, unable to fully restore the facts of the case, so we need to use evidence to clear, clear the meaning of evidence plays a very important role in themaintenance of justice. Brief introduction of illegal evidence and evidence andafter the paper focuses on the description of the exclusionary rule of closelyrelated, inseparable. The suspect’s legitimate rights and interests, their level of protection depends directly on the investigation personnel, thus to investigatorsqualities have great demand, on the need to further strengthen the supervision. The main form of the second part of this article introduced the legitimate rights and interests of the investigation stage of the public security organ of criminal suspects, first of all is that informal types of evidence "in custody after", followed by the provisions can not notice and specify the location of the residential surveillance, also is this article key space to describing content.The third part of the article is based on the second part of the solution, the methods and measures that safeguard the legitimate rights and interests of the criminal suspect in investigation stage, first of all, to further the implementation of the principle of presumption of innocence and the exclusionary rule of illegally obtained evidence, then to be the quality of the investigators to improve, including the improvement of the selection and appointment of people, improve the system of political culture legal literacy and so on, finally emphasizes that the the importance of supervision, improve the supervision system of our country tocrunch time, reduce the occurrence of miscarriages of justice has the very realistic significance.Special attention, in this paper, by consulting a large number of network information, network information reference purpose lies in the possibility ofargumentation, such as Ma Xiao Jun event, because there is no public reports, soa reference to its encounter, aims to demonstrate the possibility to specifylocations for residential surveillance of illegal operation, the event is not the realfocus.
Keywords/Search Tags:public security organization, scouting stage, suspect, legal rights, protection
PDF Full Text Request
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