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Conflict and Reservation

Author: ChenHong
Tutor: ZhangChengMin
School: Suzhou University
Course: Legal
Keywords: interrogation police power citizen rights rules of interrogation construction of system
CLC: D922.14
Type: Master's thesis
Year: 2010
Downloads: 48
Quote: 1
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Abstract


Interrogation is a key element of the police power, it plays a very important role in the detection, prevention and suppression of criminal activities as well as in seizing the suspect, eliminate security harzards. Meantime, the performance of interrogetion relates to the citizen’s rights of personal freedom, privacy and other basic rights, any improper performance may be against to the citizens’legitimate rights and interests. In practice, there are many cases of inflict of the performance of interrogation and common citizenship. So how to achieve the balance of the right of the police interrogation and the fundamental right of citizens become a serious problem, especially to restrict them from the theoretical basis and rules. Based on this, I propose a study of this topic.The article is composed of the introdution, three chapters and conclusion.The first chapter is to review our interrogation sysytem in terms of the power system status and the legislative application status from inventory theory, the nature of the power. On the purpose of learning from the experiences of interrogation rules, combined with the provisions on the right inventory on the Current Police Interrogation and citizenship status in common law countries.Chapter 2 is to calassify the police interrogation and to build its rules, to elaborate the performance of interrogation in practise from the aspect of random interrogation, special interrogation and indwelling interrogation. Try to balance the police power and citizens’rights by means of establishing the appropriate rules and strategies.The third chapter is to discuss the system operating, legal control and legislation complement of iterrogation, to probe the consummation interrogation operating system and theoretical research combining with our national situation.There may be some immaturity about the invision in this essay, I only hope that I could provide a reference to the construction and development of interrogation rules in our country.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Public Security Management Act
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