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Theory Of The Present Situation Of Our Investigation Of Interrogation And Perfect

Posted on:2017-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:P L LiuFull Text:PDF
GTID:2296330485974088Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Investigation interrogation process is a key link as well as a legal and essential procedure in the whole criminal procedure. It is a necessary means to find out the case facts through the interrogation of suspects. The important value and function of interrogation records as fixed interrogation results in criminal lawsuit activity cannot be ignored. Interrogation records in the criminal lawsuits are widely used as important evidence, whose quality is not only related to quality of the interrogation, but also to the quality of the entire case’s investigation, and may even directly affect the judgment and sentence. There, the importance of interrogation can be seen. Even so, the provisions of the laws and regulations for investigation interrogation in our country are still imperfect so far. Interrogation records of the related system are flawed.The existing laws and regulations do have some fundamental, summative rules on interrogation records. However, they are more dispersed, not in a unified system which makes interrogation lack specific guidance significance. Without specific strict regulations or unified and clear norms the making of investigation interrogation is in a vacuum. Chaos of "fragmented, headstrong making of interrogation " even appeared in some local public security organs. It is because of the defects of the system these and non-standard making that leads to more and more phenomena of infringement of human rights of suspects in recent years, which violates the criminal procedure belief that preventions against criminal lawsuit and guarantee of human rights must be kept in balance in China. Therefore, in order to change current situation of prevention against the crime and the pursuit of the entity justice in our country, it is necessary to discuss about perfection and making rules for interrogation system striving for providing some useful suggestions for it in China.This paper is mainly divided into three chapters. The first chapter is mainly a general overview of the basic theory of investigation interrogation, which can also be mainly divided into three parts: the first part is the concept and characteristic of the investigation interrogation; the second part introduces the text structure and making requirements of the investigation interrogation; part 3 mainly analyzes the value and function of investigation interrogation record. This chapter’s aim is to grasp the basic content of investigation interrogation record through the introduction of its basic theory.The second chapter mainly introduces the present situation and the causes of the investigation interrogation in China at present,consisting of three parts,namely, present situation of the investigation interrogation system, current situation of the investigationinterrogation making and the causes analysis on it. The first part summed up the main problems of current investigation interrogation system in China mainly through generalizing present law system of investigation interrogation in our country.The second part reveals the present defects and deficiencies both in form and content in the making process of investigation interrogation through the research and analysis on the judicial practice in the specific making condition of interrogation. The third part explains the causes of the current situation of the investigation interrogation in China mainly from the interrogation system and making.Chapter 3 mainly discusses measures to perfect the investigation interrogation in our country. According to the problems of investigation interrogation in our country, drawing lessons from the related advanced experience about criminal justice and bonding with the reality in China, this paper advances specific suggestions on further perfection of our country’s investigation interrogation from two aspects: system and making.
Keywords/Search Tags:Investigation interrogation record, Current situation, Measures for perfection
PDF Full Text Request
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