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Research On The Investigation And Interrogation System

Posted on:2020-07-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y LuFull Text:PDF
GTID:2436330578972231Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Police interrogation is related to the protection of the rights of criminal suspects and the enforcement and operation of public power,which is a very important link in criminal proceedings.Although the means of investigation in the current era are more advanced and scientific,the position of police interrogation in the investigation stage is still unshakable.The results of the police interrogation will affect the subsequent investigation direction and have important clues to the progress of the case.However,the enthusiasm of the academic circles in China for police interrogation has not reached the level of its importance.Although there is no lack of research on specific systems in the police interrogation,comprehensive analysis and discussion are still rare.In addition,with the redress and correction of the false and wrong cases in recent years,we are more expecting the justice and true fairness.The best way is to block the gap that leads to false and wrong cases during the investigation phase.This article focuses on the protection of the human rights of criminal suspects to reform the police interrogation.The first part mainly introduces the concepts of "investigation" and "police interrogation".According to China's latest criminal procedure law,explains the definition of "investigation",introduces the meaning,characteristics and nature of police interrogation.It analyzes the impact of police interrogation on the fairness and efficiency of criminal proceedings to clarify the important position of police interrogation in criminal justice.Secondly,the essay analyzes the defects of the current police interrogation system in China and the problems in its implementation.The police interrogation system in China has institutional defects,and there are also some illegal implementation problems in practice.In this chapter,the author will interpret the current law in China and analyze the judicial practice to summarize the problems existing in the police interrogation stage in China,including the lack of lawyers' right to attend the interrogation,the lack of suspects' right to learn the truth and privilege of silence,the frequent phenomenon of extorting confessions by torture and so on.It also explores the reasons behind the problems while summarizing the defects.Next,according to the defects and problems mentioned in the previous chapters,this chapter gives corresponding system recommendations to help the perfection and effective implementation of the police interrogation system,including the values and objectives of the interrogation system reform,the principles to be followed in the investigative interrogation system,and the specific measures for the interrogation system.We should conduct a series of institutional reforms including the implementing subject,the time,the place and the method of interrogation to recognize and ensure the subjective status of the suspect,and improve the recording and videotaping system.At the last,give suggestions to strengthen the supervision of investigative interrogation.In this chapter,through the strengthening of the legal supervision of the procuratorate,verification of legitimacy of interrogation before the end of investigation of major cases and strict implementation of exclusion rules of illegal evidence,trying to construct a comprehensive supervision system for the construction of the investigative interrogation system.
Keywords/Search Tags:police interrogation, extort a confession by torture, false and wrong cases, human rights protection
PDF Full Text Request
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