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Criminal Detention Abuse Problems Analysis and Countermeasures

Author: HuangHaiMing
Tutor: ZhangYouHao
School: South China University of Technology
Course: Legal
Keywords: criminal detention abuse the protection of human rights undertaking recognizance upon bail
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 57
Quote: 0
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Abstract


Criminal detention is an important coercive measures in criminal investigation activities, at this stage the public security organs, procuratorial organs of the people one of the most common investigative techniques of physical preservation, custody, aims to maximize the fight against crime, guarantee the smooth progress of the criminal activity. But in the meantime, criminal charges is also a double-edged sword, not just to stress the fight against crime and ignored the protection of human rights. Criminal charges due to lack of external oversight, and there is a loophole in the legislation, its abuse seriously. This article revealed by both theoretical and empirical manifestations of criminal detention abuse and its harmful consequences, analyze the root cause of criminal detention abuse and propose appropriate countermeasures.Total introductions, body, closing three parts about 25,000 words. Primary content for the body:ChapterⅠ: criminal detention abuse and its form. Section I focuses on problems of criminal detention practices, and the manifestations of abuse in judicial practice in criminal detention. The second section covers crime suspects are in custody rights cannot be guaranteed, some taken to clarify some of the unnecessary instances of criminal detention, and the resulting negative consequences.ChapterⅡ: analysis of criminal detention causes of abuse. On the first section from legislative analysis of the causes of criminal detention legislation is flawed. Section II from police practice for analysis of traditional concepts of criminal detention a misuse of criminal detention reasons, and from an empirical description of criminal detention was abusing the seriousness of the problem. Section III from public security organs rely on criminal detention reality analysis, concept of both the investigative techniques and the investigation, the public security organs must rely on custody of criminal suspects to achieve detection.ChapterⅢ: proposed criminal charges abuse of countermeasures. First of all, from the legislative point of view of perfecting the criminal detention conditions, scientific limited duration. Second, strengthen the statutory functions of bail, the same circumstances prevail on bail, was routine criminal cases handled by criminal detention accounted for mainstream models from the stage of history. Moreover, strengthening the supervision of inspection bodies and judicial authorities for criminal detention and restriction, applicable to in a reasonable State. Finally, the emphasis on strengthening judicial relief to criminal detention, guarantee the rights of suspects.

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