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Criminal Investigation System Research

Posted on:2016-11-30Degree:MasterType:Thesis
Country:ChinaCandidate:R RenFull Text:PDF
GTID:2296330470956421Subject:Law
Abstract/Summary:PDF Full Text Request
Basic value orientation of criminal investigation of interrogation procedure in China is to realize the surveillance to the dynamic balance and personal basic rights and guarantee the crime investigation needs, at the same time, in order to achieve the personal rights and interests guarantee is the purpose of criminal investigation in our country the pursuit of the ultimate goal of judicial activities. Of criminal investigation of interrogation procedures should be traders, the victim and investigation organ has different interests, rooted in the three different litigation status and role, is bound to lead to three different interest demands, inevitable conflict. Among them, the investigation of interrogation in the process of the main conflicts of interest should show the investigation organ and the conflict between traders. Outstanding performance in should traders should enjoy basic rights and conflicts between the investigation organ discretion, effective guarantee the conflict between personal rights and the implementation of compulsory measures, to maintain social order and normal life conflict between satisfying the needs of the investigation, civil conflict between freedom of speech and the investigation organ investigation, build a lawyer present system and investigation organ conflict between investigation duties, etc. Because of conflicts of interest, exist in the process of criminal proceedings in the criminal proceedings should traders have its ought to litigation status and reality of sexual position dual role. At present, our country criminal proceedings system has many problems, for example, watering down the lawsuit main body status should be traders, traders should be regarded as a criminal case, of course, an important source of evidence. For a long time, the thought of "confession centralism" affects the whole process of criminal proceedings, the criminal investigation of interrogation methods of value orientation tend to be more convenience and can be used. Although such as illegal evidence exclusion rule, safeguard the legal rights of related regulations should be traders by law to determine, but in the process of criminal investigation interrogation practices, investigation organ have almost no substantive restriction of supreme power, and ordinary people to urge to solve urgent case, that such rules are ambiguous. Authority with ordinary people for its tolerance varies according to the concrete cases, has not formed the inherent principles and attitude. Facing criminal investigation of interrogation system in our country need to be rebuilt, litigation subject status should be traders often helplessly into litigation object position. Grind sentenced matter investigation interrogation of judicial activities the cause of the conflict of interests, performance, characteristics, search for the criminal investigation of interrogation conflicts of interest balance is very important. This paper tries to perfect the relevant legal system, building a lawyer present investigation system, the construction team of research method of appealing to balance the interests of all parties, proposed consummates our country criminal investigation of interrogation system, the feasibility of the method.
Keywords/Search Tags:Criminal proceedings system, Human rights protection, System oflawyer present
PDF Full Text Request
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