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On the application status crimes and improvement of special investigative measures

Author: YangDi
Tutor: WangHaiYan
School: China University of Political Science
Course: Legal
Keywords: Special investigative measures Crimes Status quo Value Considerations Perfect vision
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 236
Quote: 1
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Abstract


Special investigative measures as a new investigative techniques , in punishing crimes and improve the efficiency of the investigation has other conventional investigative measures incomparable advantages role, but the rights of the absence of clear legal basis , does not give prosecutors the implementation of special investigative measures , resulting in many problems and disputes arising in actual operation . On the one hand , the lack of legitimacy of the basic crimes of special investigative measures , the prosecution investigation department basically still take the traditional investigative techniques breakthrough for the main suspect of the population , and this old way of investigating crimes no longer meet the new trend allows prosecutors to obtain evidence in a very difficult ; hand, judicial practice, the use of special investigative measures have been inside the investigating authorities in the case , the legal regulation if not , it may make power out of control, leading to human rights violations . Therefore, I believe , should be to modify the current \This will not only be able to improve the detection capabilities such crimes , crimes investigation needs to adapt , learn from foreign advanced legislation for example , follow the international trend of criminal proceedings has extremely important practical significance. This thesis is divided into four parts : The first part is to clarify the current status of academia \First, from the provisions of relevant laws and regulations of departure abroad , and thus assess the internal three more representative view , on the basis of suggestions : should be \Expand the words and characteristics . The second part discusses what crimes before a special investigative measures , as well as the difference between the use of special investigative measures than other criminal cases . Then analyze its application in China crimes investigation , noting that the special investigative measures not only not been clearly affirmed at the legislative level , judicial practice also exposed many problems . The third part of the talk given prosecutors from the special investigative measures both positive and negative value considerations. Although there are some theoretical controversy, but in general the use of special investigative measures in the investigation of crimes has its rationality and necessity . The fourth part in the proceedings advantage of learning from other countries , while China's national conditions and judicial practice should uniqueness of departure . Special investigative powers on the one hand the measures proposed should be incorporated into the legal system , and gives prosecutors the implementation of special investigative measures ; hand with the actual crimes considered the use of special investigative measures in principle , applicable procedures , evidence of the ability to monitor and review the tort relief elements , and recommended to be clearly regulated in the future legislation.

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