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The Investigation Report On Appropriate Adult Participates In Interrogation System In The Investigation Stage

Posted on:2017-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y JiangFull Text:PDF
GTID:2346330485997913Subject:Criminal procedure law
Abstract/Summary:PDF Full Text Request
The 2012 "Criminal Procedure Law" revised the appropriate adult system into a familiar concept from a strange words. The system for interrogation smoothly, protect the legitimate rights and interests of the juvenile criminal suspects, and in line with the international trend and much attention of scholars at home and abroad. But because the concept is vague, the law is in principle, appropriate adult system has many problems in the operation process of concrete. For in-depth understanding of local appropriate adult participation interrogation system in practice, objective evaluation of the appropriate adult participation system and the actual effect of and find an appropriate adult system exists in the specific operation of the process, this paper in three districts of Chongqing city X, Y, Z of the investigation stage of appropriate adult presence system as the research object, in-depth research, from the status quo of and the existing problem of three appropriate adults running status analysis, and based on this, proposed corresponding suggestions.This paper is divided into four parts:The first part of this paper introduces the research background and research purposes. This part introduces the appropriate adult system of the pilot implementation of the basic situation, to research three districts of Chongqing X, Y, Z system implementation background is introduced, on the basis of clear research purpose and significance.The second part investigates the current situation of Chongqing District Three interrogation system of appropriate adult presence. The status of implementation of this part from the investigation stage of appropriate adult presence of examination system and the two part is to study the implementation effect. The implementation of the status quo include: investigation stage of the appropriate adult interrogation scene applicable object, investigation stage of the appropriate adult interrogation arrived at the scene, confirmation of appropriate adult sources, selection and training, in the case of the appropriate adult and appropriate adult rights and obligation to exercise conditions. Implementation results include three aspects: minors of appropriate adult participation in interrogation of recognition, appropriate adult participation in interrogation did not increase interrogation work difficulty of appropriate adult, refused to sign counterpart for the effectiveness of the impact of the weak.The third part analyzes the problems and causes of the system to be solved. From the empirical perspective, system of appropriate adult presence mainly exist the selection of appropriate adult is not "suitable", the case handling organ in handling the process of illegal operations and appropriate adult perform duty effect weak three aspects. For the above problems, the author deeply analyzes the reasons behind:the lack of professional knowledge of the appropriate adult and handling organs training and lack of effective consequences of restraint mechanisms, etc.The fourth part of the paper describes the improvement suggestions and countermeasures. In order to solve the problems existed in the research area, ensuring appropriate adult system running smoothly, this paper puts forward the ensure the participation of the interrogation of the appropriate adult "fit" to ensure the appropriate adult "right" performance of their duties, and improve the quality of investigators and strengthen the four aspects of the illegal operations of the case handling organ sanctions measures.
Keywords/Search Tags:The investigation stage, The appropriate adult, The presence of interrogation
PDF Full Text Request
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