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The Study Of Chinese Compulsory Measures Proof Standard In The Investigation Procedure

Posted on:2018-12-12Degree:MasterType:Thesis
Country:ChinaCandidate:G LinFull Text:PDF
GTID:2336330515485421Subject:Comparison of the Law
Abstract/Summary:PDF Full Text Request
Many Chinese theses today focus on the compulsory measures rather than the compulsory measures' proof standards.While the aim of this essay is to introduce,compare and analyze the Sino-American compulsory measures' proof standards.Through this way,we hope this kind of comparison and analysis can give us some reference and inspiration,then we will develop the Chinese compulsory measures proof standards in some multiple methods.In addition to this introduction and conclusion,the thesis is divided into four parts.There are about 33,000 words.Thefirst part mainly discusses about the concepts of proof,burden of proof and proof standard.It also talks about the relationship between burden of proof and proof standard.In addition,this part introduces the concept and function of compulsory measuress.In the second part,this thesis discusses the American compulsory measures' proof standards primarily.It includes the the reasonable suspicion,probable cause and the exceptions that require probable cause.Definitely,the author talks about their concepts,relationships,the theoretical background and the the levels that these compulsory measures' proof standards present to us.The next part is to introduce and analayze Chinese compulsory measures proof standards,and also will analyze the current situation that the application of Chinese compulsory measures' proof standards.In order to find out the some differences between the Chinese compulsory measures' proof standards and Amencan ones,this part will CompareSino-American compulsory measures' proof standardsfrom some perspectives.Meanwhile the author will analyse the causes that lead to the current situation of Chinese compulsory measuresproof standards' application.The aim of the final part is to make some important suggstions to the Chinese compulsory measures' proof standards.This part will rebuild the Chinese compulsory measures' proof standards and explain the elements that are for the substantiation of the compulsory measures' proof standards.
Keywords/Search Tags:Proof Standard, Compulsory Measures, ReasonableSuspicion, Probable Cause, Comparison of Compulsory Measures' Proof Standard, Mandatory Investigation
PDF Full Text Request
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