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Research On Forced Confession In Investigative Interrogation

Posted on:2020-09-03Degree:MasterType:Thesis
Country:ChinaCandidate:S W HuangFull Text:PDF
GTID:2416330596478992Subject:Law
Abstract/Summary:PDF Full Text Request
Referencing is a method of obtaining evidence that is highly prone to false and wrongful cases.It refers to an illegal interrogation method in which the investigator expressly or implicitly requests the suspect to confess according to the facts and circumstances that meet his intention.In recent years,it has been cited frequently in the investigation practice circles in China.It is often combined with methods such as extorting confessions by torture,threats,and inducement.The harm of the reference is to a greater extent than other illegal interrogations.To some extent,other illegal interrogation methods rely on the accusation.Whether it is the "Shu XiangLin case" or the "Yang LiMing case",we can easily see that the reference is extremely harmful.This paper studies the problem of the fingering through four parts.The first part is an overview of the assignment.The concept of the confession is determined by interrogating the interrogation for the question.Through the definition of related concepts,the basic attributes and characteristics of the reference are quoted in this paper.By analyzing the dependence of the reference,the lack of stability of the confession and the misalignment of the subject and object,the classification of the reference,explicit indication and implied The matching type refers to the classification of the supply and the independent type,so that the investigation and interrogation personnel can more clearly recognize the indication.This also serves as a reference for the suggestions at the end of the text.The second part refers to the comparison of relevant interrogation techniques.In the process of legal interrogation,illegal methods such as extorting confessions by torture,confiscation,confession,confession,etc.cannot be used,but legal,civilized and effective methods should be adopted.In the process of interrogation,because the suspect is in a variety of complex emotions such as fear,luck,alertness,nervousness,and vacillation,and the investigators are sometimes eager to solve the case,the interrogation process often falls into a deadlock,and the investigator may be slightly careless.Going to the scene of confession and other interrogation,it is especially important to define the reference and legal interrogation.A reasonable distinction between confessions and legal interrogation makes it easier for investigators to define their own behaviors,as well as to improve the judge's ability to identify the confession,thus facilitating the judge's accurate judgment of the defendant's reasons and confession in court.The third part is to analyze the hazards of the interrogation in the interrogation.The first part is to investigate the interrogation of the interrogation for the breeding of false and wrong cases.At the same time,it discusses the harm to the criminal suspect's legal rights and passes the reconnaissance agency.The description of the strong interrogation of the suspect and the imbalance of the weak rights and the description of the violation of the personal rights of the suspect also played a role in laying the foundation for the fourth part of the concept.The fourth part is about the concept of prevention and control in the investigation of interrogation.This chapter is discussed in three parts.The first is to discuss the establishment of the criteria for the identification of illegal interrogation.The author identifies the subject,object,form,status and results by interrogation.The second is to construct the exclusion rules for the confession obtained by means of illegal interrogation.This section,through the combination with the first section,discusses the exclusion rules after the confession is obtained,which is beneficial for us to better identify the confession.Finally,it refers to the construction of a prevention system for illegal interrogation methods.From the sound recording and recording system,the legalization of lawyers' presence system,the institutionalization of the interrogation strategy and the professional fitness,it also proposes to construct a system of “separation and separation” in China.Ensuring the legal rights of suspects during custody minimizes the probability of our country's accusations.
Keywords/Search Tags:Confession under directions, False and wrong case, Accreditation criteria
PDF Full Text Request
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