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Study On The Investigation Power In Terrorism Cases

Posted on:2018-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:C H ZhongFull Text:PDF
GTID:2346330536480696Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Terrorism Crime came into the view of the public in a real sense after the 9·11terrorist attack.It was also following the explosion of this incident,all the countries in the world has been being forced to face terrorist attacks.Since terrorism crimes are usually well-organized,extremely harmful to the society and hard to investigate,the investigation staff always take more risk and psychological pressure in these kind of cases than in normal ones.Investigation power is an important component even in the normal criminal procedure and has a significant value.As a special coercive power for investigating criminal facts,it is conferred by the country,owned by single authority,and of statutory and compulsive feature.Its function,purpose and value are all diverse but unified at the same time.It is a power for government authorities to collect and protect evidence and preliminarily verify criminal facts,it is also a power to restrict and safeguard the criminal suspects,and it is a power to support sentencing claims and prosecution.Only making full use of the investigation power in the criminal procedure to find out the facts of cases,can the value of procedural justice and fundamental rights of the litigation participants be guaranteed.Due to the characteristics of terrorism cases,it appears to be difficult for investigation staff to obtain evidence in the procedure of this kind of case.At the same time,investigation procedures also mainly reflect the divergence between countries on the choice of two different litigation values,that is striking terrorism crimes and protecting human rights.Facing the severe anti-terrorism situation,all the countries are trying to figure out how to fight terrorism better by amending legal procedures and strengthening investigation power.At the end of 2015,China issued the Anti-Terrorism Act,which have provided comprehensive requirements to administrative organization and casedealing for cracking terrorism cases.Given the background abovementioned,for building up a stereoscopic anti-terrorism law system,it is of great practical significance to study how to finish the legal connection for antiterrorism activities effectively and reasonably by constructing special criminal procedure,taking special measures and strengthening and balancing investigation power in terrorism cases.The innovation of this paper is that it presents and defines the concept of “investigation power in terrorism case” and conducts a relatively systematic research on main problems of it by discussing its theoretical basis.However,due to the limited ability of author,analysis of some certain questions is not deep enough,so it needs to be researched further in the future.
Keywords/Search Tags:Terrorism Cases, Investigation Power, Special Criminal Procedure, Right Safeguards
PDF Full Text Request
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