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Study On The Operation Of The Review Of Arrest Procedures

Posted on:2019-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:N N LeiFull Text:PDF
GTID:2346330569489479Subject:Law and law
Abstract/Summary:PDF Full Text Request
In criminal litigation in our country,reviewing arrest procedures at a very important stage,the newly revised criminal procedure law is to improve the examination system of arrest,provides great help to the judicial organs handle cases,and on the development of judicial reform in our country criminal litigation,review of arrest procedures at a very important stage,the new revision of the criminal procedure law is to improve the examination system of arrest,the judicial organs handle cases provides a great help,and had a positive effect on the development of judicial reform,but in the long-term judicial practice,the review of arrest procedures running where there are still unsatisfactory.this paper Lou a rape homicide in yunnan province,From the perspective of theory and practice,the current review arrest procedures in the operation process of related problems on deep analysis and research,found that there were "invisible" problem.In combination with the needs of the development of China's national conditions and judicial reform,with the attitude of seeking truth from facts,the theoretical basis,program design,the operation of the practice of review of arrest procedures the improvement of the corresponding measures are put forward.Positive influence,but in the long term judicial practice,the review of the arrest procedure still has an unsatisfactory operation.From the perspective of theory and practice,this paper Lou a rape homicide in yunnan province,the current review arrest procedures in the operation process of related problems on deep analysis and research,found that there were "invisible" problem.In combination with the needs of the development of China's national conditions and judicial reform,with the attitude of seeking truth from facts,the theoretical basis,program design,the operation of the practice of review of arrest procedures the improvement of the corresponding measures are put forward.This article is divided into three parts in addition to the introduction,conclusions and gratitude:The first part,case review and controversy.This part mainly reviews the basic situation of a rape homicide,combining the facts of this case are disputed points are summarized and finishing,in case of dispute focus contact theory knowledge,mainly talks about the focus of the dispute caused by the law,mainly aiming at the judicial organs in Lou a rape homicide investigators in the face of the suspected crime question ideas and deal with the attitude,evidence forensics and behavior,the procuratorial organs to public security organs in the process of review three aspects carries on the analysis to discuss the supervision of investigation activities,found that from the judicial practice and from the perspective of legal problems existing in the current review arrested in the process of the program is running.The second part,the legal analysis of the arrest procedure caused by this case.This part mainly combines the case of this paper,and analyzes the problems that arise during the operation of the arrest procedure from the perspective of theory.This section is divided into four sections,the first section,which summarizes the review and arrest procedures from two aspects: the concept of the arrest procedure and the analysis of the status quo;Suspected crime,be given a lighter thoughts are elaborated in the second quarter,the current of the negative impact of litigation procedure in our country,especially the erroneous ideas appears on suspected crime,be given a lighter,suspected crimes from the principles in the concrete problems existing in the operation process and difficulty of solving these problems;The third section mainly elaborates and analyzes the problems existing in the actual execution of the evidence system;The fourth quarter,separately from aspects of the scope of supervision of police information communication,people's procuratorate investigation,investigation supervision,and the problems of the case after the approval of arrest several aspects that the procuratorate in the public security organ problems existing in the supervision of investigation activities and legal analysis of the problems.The third part examines the legal perfection of the arrest procedure.This part mainly aims at the problem of the second part to put forward corresponding legal improvement Suggestions.This part is divided into four sections,which is to improve the operation of the arrest procedure from different angles.In the first section,the author puts forward corresponding Suggestions on how to better implement the crime of suspicion,from the three aspects of legislation,judicature and ideology.In the second quarter,evidence censorship on problems arising from the execution process,by emphasizing the implementation of the principle of the evidence,evidence for screening activities lawsuit reform and judicial practice,strictly implement the rules of illegal evidence exclusion from several aspects to perfect evidence censorship;The third section,through the construction of police information sharing platform,widen the scope of supervision of procuratorate investigation and give procuratorate punitive power,to arrest several aspects ofperfecting the people's procuratorate investigation supervision mechanism in risk assessment;Fourth quarter,respectively from the proposed review arrest conditions apply the rules of interpretation,build review arrest procedures lawsuit pattern and arrest hearing procedure in practice to explore review several aspects of improving Suggestions review procedures for arrest.
Keywords/Search Tags:review arrest, suspected crime out of nothing, evidence, investigation supervision
PDF Full Text Request
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