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A Study Of The Legal Boundaries Of Deceptive Interrogation In Bribery Cases

Posted on:2017-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:J Y FangFull Text:PDF
GTID:2356330512968864Subject:Law
Abstract/Summary:PDF Full Text Request
China's "Criminal Procedure Law", the provisions of the collection of evidence is strictly prohibited, but it does not completely deceive the method of collecting evidence to be excluded as the illegal evidence. From the legislative point of view, there is a certain tolerance of deceptive interrogation, but also should be subject to certain restrictions. In the practice of duty crime investigation, the interrogation strategy has been widely used. Especially the bribery case, because of its "one to one" feature, the heavier the status of evidence confession. In practice, it is worthwhile to study how to make the pressure and difficulty of interrogation, and how to grasp its legal limits. The in the analysis of deceptive interrogation system based on, combined with investigation practice, legal limits of clarify the bribery case in deceptive interrogation strategy, puts forward to establish a complete investigation of bribery case in deceptive interrogation system is proposed, in order to make contribution to the development of deceptive interrogation system of our country.This article begins with the concept and the meaning of the deceptive interrogation, and analyzes the system of the deceptive interrogation. From the investigation practice angle, the angle of the comparative law, analysis of domestic and foreign attitude to the deceptive interrogation that deceptive interrogation have certain legitimacy and acceptability, but should also be appropriate to limit the conclusions. Secondly, it analyzes the necessity and importance of investigating the dilemma of bribery cases and the necessity and importance of deception. Next, this paper focuses on the legal limits of fraud in the investigation and interrogation of bribery cases. Centering on the authenticity, the voluntary and the abuse of the right of investigation, the author begins with the common methods of cheating in the interrogation practice, and analyses and proves the legal limits of all kinds of deception strategies. Finally, this paper puts forward the procuratorial organs should take the lead, regulation of deception interrogation strategy. Based on the discussion of the full text, the author puts forward some ideas on the regulation of fraud in the interrogation of bribery cases.
Keywords/Search Tags:Deceptive interrogation, Bribery case, Legal limits, Conception of regulation
PDF Full Text Request
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