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Investigative stage of criminal suspects the right to protection

Author: DongJie
Tutor: LiuMei
School: China University of Political Science
Course: Legal
Keywords: Investigation stage The suspect Right Guarantee
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 150
Quote: 0
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Abstract


Of Yunnan \The investigating authorities the implementation of the investigative activities due to the neglect of the rights of criminal suspects widely criticized . Inside even though the investigation is not high quality of personnel , human rights awareness , the concept behind the utilitarian heart surface factors , but more important is that China is still not really establish a legal right to the protection of criminal suspects , the system of rules . This article intended by analyzing the current situation of the rights of criminal suspects in China , a Comparative Study of the today's world representation of the relevant national system for the protection of the rights of our investigation stage of criminal suspects to provide a scientific and feasible system design . This article is divided into three great parts . The first part of the basic characteristics of our investigative procedures , the rights status of the investigation stage of criminal suspects and the investigation stage of criminal suspects the right to protect the legislative defects three aspects of the investigation stage of criminal suspects the right to protection legislation and the status quo analysis . On this basis , concluded that : due to the political system, history and tradition , the concept of litigation , the legal system , and other factors , the rights of criminal suspects in the investigation stage in the legislation is not complete , in practice, lack of effective protection ; the second part of the relationship between police and prosecutors in the criminal investigation procedures , detection control , the right to silence of the suspect , the five aspects examined in detail the status and role of lawyers in investigative procedures , as well as illegal evidence to exclude the United Kingdom , United States, Germany , France, Japan , Italy , Russia , in today's world representative national legal system ; last part of the article in order to control the power of investigation and expansion of the rights of criminal suspects and their appointed lawyer for perspective, the protection of criminal suspects specific system design in the investigation stage right : the situation of our country , to learn from foreign experience , the establishment of the suspect right to silence , counsel system , the illegal evidence exclusion rules and the courts of the investigative actions of the judicial review mechanism .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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