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On The Investigation And Experiment System

Posted on:2019-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q WangFull Text:PDF
GTID:2416330545482130Subject:legal
Abstract/Summary:PDF Full Text Request
The investigation experiment system is an important content in the investigation stage of criminal proceedings in China,and it is the code of conduct for regulating and restricting the investigation of experimental activities.Investigation experiment system use scientific experiment as that technical means,through the simulation or reduction of the case of the case,for the investigation authorities to find out the facts of the case,to provide an important role in solving the case.However,in the process of legislative and judicial practice,the investigation experiment still has many shortcomings in the operation of the system.In the legislation,the criminal procedure law and relevant judicial interpretations have stipulated the subject and implementation rules of the investigation experiment,but the rules are too general,and many definitions are not clear enough,which leads to the confusion of the investigation organs in the application process.In this article,through the in-depth analysis of the current situation of China's investigation and experiment system,it is found that the legal provisions of the investigation experiment system in China are not comprehensive enough.The subject of the investigation experiment is blurred with the boundary of the applicable subject,the definition of the precondition is blank,and there is no clear stipulation on the participants and applicable objects of the investigation experiment,the specific stipulation of the procedural rules of the investigation experiment is lacking,and a series of legislative loopholes will hinder the development and perfection of the system that hinders the investigation experiment in China.The development and improvement of the investigation experiment system is conducive to the standardization of the investigation experiment activities,so that the implementation of the investigation experiment can be carried out in accordance with the law,which helps to supervise the conduct of the investigation experiment and prevent the abuse of the investigation right,so as to help the investigation authorities to eliminate the reasonable doubt and identify the authenticity of the confession of the criminal suspect.However,due to defects in system design of investigation experiments,In judicial practice,we often encounter problems.The application of investigation experiments is too arbitrary,resulting in the conclusion of the investigation of the investigation is questioned,the lack of external review and supervision,making the evidence of investigation of transcripts decline,unreasonable allocation of human resources,resulting in uneven levels of detection technology between regions,combined with China Specific circumstances,put forward a series of methods and measures.First of all,it is necessary to improve the relevant legislation of investigation experiment in our country to make the investigation organ have a law to follow in the implementation process.Secondly,to strengthen the investigation and supervision mechanism of investigation experiment,establish the system of witness,ensure the objective and true of investigation experiment,,Improve the effectiveness of the investigation of transcripts of transcripts,improve the mechanism of judicial supervision,and restrict and supervise the investigation by investigating authorities through specialized supervisory organs.Finally,increase the investment in scientific research to stimulate the innovation and development of criminal investigation technologies in our country and improve the efficiency of our country The overall quality of investigators,the establishment of investigation and training of professional personnel training center for all regions continue to deliver high-quality investigative agencies professionals.
Keywords/Search Tags:Investigative experiment, Investigation right, criminal suit
PDF Full Text Request
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