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On The Drocedural Rules Of The Suspects Of The Criminal

Posted on:2016-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:D C GaoFull Text:PDF
GTID:2296330482970490Subject:Law
Abstract/Summary:PDF Full Text Request
Statement of suspect in the criminal prosecution is a kind of legal evidence. Legislation, based on its important value, the admissible were separately to emphasize; in practice, the fight against crime in the play prominent role irreplaceable. At the same time, abnormal attention to the statement of suspect, the become the cause miscarriages of justice is the main reason, become human rights violations trigger. But wrong not the testimony itself is lack of system, out of control process. Therefore, this paper deeply analyzes current situation of criminal suspects in the investigation stage confessions obtained and existing problems, the necessary analysis and the feasibility based on proposed to build six aspects the suspect during the investigation stage population for procedural rules, basic human rights protection of criminal suspects at the same time to ensure the specification of investigation and interrogation, ensure quality of confession in criminal proceedings, crack down on crime and protecting the human rights of balance and unity. Article is divided into four parts:The basic theory and practice of the first part of the suspect population for the elaborate, including concepts, properties, characteristics and use Comments confessions, to clarify its role in the same time, pointed out that the investigation stage confession acquire the outstanding problems that exist.The second part describes the basic procedural rules confession theoretical and practical issues, discussed the establishment of a positive sense on the one hand the suspect population for procedural rules, on the one hand the analysis to establish the basis of practice the suspect population for procedural regularity.The third part based on the above, the establishment of six aspects of procedural rules, and clear and specific practices and positive significance to the investigation stage of a comprehensive specification to obtain confessions.The fourth part is above the rules of procedure of a system to protect, namely a clear proof of the responsibility of the above rules and standard of proof, to prevent the rules as a form.
Keywords/Search Tags:Suspect confessions for, The investigation stage, Procedural rules
PDF Full Text Request
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