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A Discussion On A Checklist Of Investigation For The Expert Opinion Of Criminal

Posted on:2017-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:L J ZhangFull Text:PDF
GTID:2336330536453372Subject:Law
Abstract/Summary:PDF Full Text Request
Since 2009,Jinning county in Yunnan province "hide-and-seek" event occurs in the detention house,jail law enforcement caused the national attention,jail law enforcement activities to the forefront.Jail reform calls for more and more high,the scholars and the public security line police also puts forward to a detention center functions to detection and separation reform,put forward the reform on the basis of mismanagement,mainly for jail improper law enforcement;Detention center attached to the investigation organ,dig for the "crime" job functions,prone to torture,and so on.In this article the author will take another perspective in this paper,the investigation and the necessity of reforming the separation of detention house.As the trial centered the advancement of the litigation system reform points development,must be detection and separation reform detention center.First,the detention house belongs to the investigation organ,irrespective of budgeting a criminal suspect has been controlled by investigation organ,because the investigation organ and suspects natural antagonism,investigation organ in order to obtain confessions,fixed confession,it is hard to avoid investigators using detention facilities to the criminal suspect to take a variety of inappropriate methods to obtain confessions.Regardless of budgeting is a product under investigation centralism.But in trial centered lawsuit system reform under the background,to further weaken the confession,and separation of budgeting reform should be in jail.Second,pretrial detention is a kind of preventive custody,pending trial stage,the purpose is to prevent the criminal suspect is once again the crime,to implement the social behavior of public interest.But jail irrespective of budgeting as a direct result of the pretrial detention is a kind of punitive detention,the investigators and the criminal suspect's criminal inertial thinking,directly led to the work guaranteeing human rights of detainees,detention necessity review of all the difficulties,a lot of detention and losing custody is still there.Dig into the problem of sticking in jail and regardless of the lawsuit function status and function of budgeting setting.Improper detention center law enforcement,frequent accidents can by strengthening management,self correct solution,but the jail detainees human rights safeguard and the pretrial detention rate is high,and a large number of pretrial detention problems will not be able to correct itself alone can solve,must realize the detection and separation,to jail for minor criminal lawsuit status refactoring can be fundamentally solved.Send this paper,the writer will work for many years practical experience into among them,want to be able to have meager strength to promote the construction of rule of law in our country.
Keywords/Search Tags:Detention center, Detection and separation, Institutional reconstruction
PDF Full Text Request
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