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The Investigation Report On Proof Of Social Risk Of Arrest In N District Of C City

Posted on:2017-09-04Degree:MasterType:Thesis
Country:ChinaCandidate:D C TanFull Text:PDF
GTID:2346330485497915Subject:Criminal law practice
Abstract/Summary:PDF Full Text Request
In order to improve the quality of arrest cases and protect the legitimate rights of suspects,the Criminal Procedure Law seventy-ninth detailed the social risk conditions of arrest cases.But the proof of social risk is not clear. In the judicial practice, the public security organ and the procuratorial organ are still in the understanding of different, and the power and responsibility is unclear.In order to regulate the examination and arrest work and protect human rights,the judicial authorities have been exploring the proof of social risk in succession.The social risk proof mechanism of arrest cases began in September 2013 in N District in C City.This article analyzed the experience and deficiency of social risk proof mechanism and put forward the corresponding countermeasures.This article is divided into four parts.The first part is the introduction, which introduces the background of this research, the research methods and the purpose of the research.In the second part, the article introduces the running situation of the social risk proof mechanism of N District in C City.The social risk proof mechanism in 2015, grasp the situation, social risk evidence of social risk transferred.Then, procuratorial organs of the interrogation of a criminal suspect and defense lawyers participation were analyzed.Secondly,integrated the 2012 to 2015, the procuratorial organs examine and arrest the overall situation of social risk prove effect mechanism of objective evaluation.The third part is the reflection of the social risk proof mechanism, from the public security organs to discharge proof responsibility, prosecutors to review the social risk and defense lawyers participation analysis of social risk proof mechanism of the existing problems and their causes.Specifically, the public security organs fulfill that responsibility is not active in gathering and not shall be transferred to the social risk of evidence, submit a written report to the collector reasoning becomes a mere formality. The main reason lies in public security organs to crack down on crime responsibility, will focus on the investigation of the facts of the crime, in the collection of social risk of evidence exist objective obstacles.Prosecutors to review the social risk is less social risk interrogation of a criminal suspect, the supervision of the public security organs is ineffective, the review of social risk does not strictly follow the principle of evidentiary adjudication, the main reason is by "constitute a crime that catch" concept, long-term and public security organs to coordinate with, assessment mechanisms andreview arrested program is not scientific.Defense lawyers involved in the problems in legal aid ratio is too low, the defense lawyers involved in the review arrested program effect is not obvious, the main reason is that the public security organs not in accordance with the law to fulfill told and the duty of notification, the procuratorial organs subjective exclusion lawyer's participation and defence lawyers and the public security organs to master the information non equivalence.The fourth part focuses on the improvement of the social risk proof mechanism.Including the promotion of investigators to change their thinking; give full play to the social investigation of the role change situation of social risk evidence of absence, organize regular training to improve written catching reasoning of quality.To ensure that the public security organs in accordance with the law to fulfill the burden of proof; reform the arrest case assessment mechanism, to public scrutiny as an opportunity to establish a hearing system,ensure the fairness of the procuratorial organs examine social risk; promote public security organs shall perform the informing and notification obligations, strengthening the defense lawyer in investigation check right in order to protect the defense lawyers effective participation in the procedure of review of arrest.
Keywords/Search Tags:Arrest, Social risk, Burden of proof, Reasoning
PDF Full Text Request
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