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A Study Of The Right To Silence In The Anti-corruption Work

Posted on:2016-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
GTID:2296330482963492Subject:Law
Abstract/Summary:PDF Full Text Request
Nowadays in China, Anti-corruption has become a hot issue of social concern, where the anti-graft department of procuratorial organs play an irreplaceable role. With China’s WTO accession, acceding and implementation of the relevant international human rights conventions and globalization of world economy, how to do a better investigation work on it is a question that anti-graft department of China’s procuratorial organs need to think about.This paper analyzes the system of the right to silence with the literature research method. Analyzing from the connotation, types, causes and history origin, and it summarizes the ancient and modern development history in our country and finds it belongs to the product of human rights struggle. As so far it has not been implemented in our country. This paper will seek the reason of loss from the aspects of social, historical, technical and judicial procedure at the same time, believes that an introduction of the right to silence system into our judicial practice is very necessary and feasible with the deepening of social democratic civilization. But undeniably, in today’s judicial environment, the new Criminal Procedure Law has done a series of work about improving and revising the legislation on the investigation of corruption and bribery, which brings new challenges for the past "first confession" cases. How to introduce the right to silence system into new judicial practice becomes a new legal complication to procuratorial organs. Fully introduced will not only increase the lawsuit cost, but also cause big difficulty on evidence gathering. So this paper also gives some suggestions according to the actual work, implement the system of the right to silence in anti-corruption investigation while improving the lawyer system, witness system and constructing a plea bargain system with Chinese characteristics. In the hopes of resorting to the system of the right to silence, achieve judicial justice.
Keywords/Search Tags:The system of the right to silence, Crime of corruption and bribery, Procuratorial organs, Investigation, Judicial practice
PDF Full Text Request
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