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The Research On The Objective Obligations Of The Prosecutors In Criminal Proceedings

Posted on:2020-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:K WuFull Text:PDF
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He concept and operation procedures of the presence system of lawyers for investigation and interrogation were originally originated from the United States,and then widely spread in the two legal system countries and regions.The concept of human rights protection has also been generally recognized by the international community,which has become an important guide for countries with different legal systems to establish the presence system.The investigation stage is the basic stage of the whole criminal procedure.If evidence is collected illegally in the investigation stage,it will lead to wrong judgment in the final result of the case.Given the seal of the spying,secret,when questioned in addition to the investigation organ and the criminal suspect,the third person is very difficult to get involved,it will lead to the abuse of investigation organ,combined with the legislation of the investigators of the lack of procedural sanctions in investigation phase,the legitimate rights and interests of criminal suspects in the investigation of interrogation is that much more difficult to get effective guarantee.After the reform of criminal justice in China,the status of lawyers in the investigation stage has changed from "legal helper" to "defender".However,lawyers only have the right to meet the person pursued and provide legal advice,so they cannot give full play to the right to effectively defend,and thus the protection of the rights and interests of criminal suspects becomes meaningless.The present system of investigation and interrogation of lawyers is specially set up to protect the human rights of criminal suspects.The establishment of this system not only improves the defense system in China,but also ensures the quality of oral confession and effectively reduces the occurrence of restatement.International human rights protection concept is deeply rooted in the hearts of the people,our country also follow the trend of The Times,to "respect and safeguard human rights",written into the constitution and the investigators of the rule of law consciousness enhancement,the lawyer team growing,investigative skills continue to improve,and related pilot experience for reference,for establishing the system of interrogation lawyer present our investigation provides a solid foundation.It takes a long and slow process to establish a complete system of lawyers' presence in our country.It takes a long and slow process to establish a complete system of lawyers' presence in our country.China needs a long and slow process to establish a complete set of present system of investigation and interrogation lawyers,which cannot be accomplished overnight.
Keywords/Search Tags:Investigation of interrogation, Lawyer presence system, protection of human rights, defense, oral confession
PDF Full Text Request
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