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Improve the system of investigation and interrogation

Author: SunMing
Tutor: GuoZhiZuo
School: China University of Political Science
Course: Legal
Keywords: Investigation and Interrogation Torture Silence The right to a lawyer present The right to inform
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 304
Quote: 1
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Abstract


In recent years in our country's judicial practice, the effort to prevent the occurrence of torture by various means , such as acts of trickery to protect human rights and achieve justice. Henan recently exposed the \In the end is what causes the occurrence of such serious cases. Our law itself is flawed , or the execution of a problem . Undoubtedly torture , inducement , such as a \But almost all of these acts occurred in the course of investigation and interrogation , if time Zuohai case occurred prematurely , when our laws are not perfect , has its specific historical background , then in 2009 occurred in the Shaanxi Danfeng \Terrier Wing case \Everything shows that our investigation of interrogation system is not perfect and needs to be improved in the future when the Code of Criminal Procedure to modify . In this paper, how to put an end to torture , inducement of perspective, in order to protect the investigation and interrogation of the suspect 's human rights as a subject, to reconstruct our country's interrogation system investigation. Paper is divided into four chapters : The first chapter introduces the concept of investigation and interrogation of its main features . Through the investigation of the main features of the concept of interrogation and presentation , to have a preliminary understanding of the investigation and interrogation , laying the groundwork for the later discussion . The second chapter focuses on the causes of the current deficiencies and Investigation and Interrogation System in China. Through the interpretation of existing laws and the judicial status of the analysis to summarize the main problems of the current investigation and interrogation system exists . Specifically, these problems are: torture , trickery , cheating for such phenomena to some extent quite serious ; interrogation of criminal suspects the right to not realize the presence of a lawyer ; lack of the right to silence regime ; prescribed examination time is too simple , investigation and interrogation lacked the necessary legal supervision. Investigation and Interrogation current shortcomings of the system is determined by the absence of existing laws , many reasons for China's basic national conditions as well as judicial reform process and so caused . So for Interrogation System Problems of Investigation objective analysis should be done , can not totally negate the results of many years of judicial reform in China. The third chapter introduces the investigation and interrogation system abroad. The main part of the common law and civil law countries some description about the specific investigation and interrogation system. These systems include the right to silence system , the presence of counsel right system, duty counsel system, the right to inform the rules , institutions audio, video systems , as well as specific provisions relating to the examination of time -related aspects . The fourth chapter focuses on how to improve our system of interrogation investigation . Through the above analysis of the examination system and the problems of Investigation comparative study of common law and civil law countries the State Investigation and Interrogation System Act , to sum up the investigation and interrogation system suitable for China. On the existing legal provisions for the investigation and interrogation system point of view , does not fit within the scope of today's world against torture , protection of human rights in the international development trend . So be sure to investigation and interrogation of the system , multi- institutional innovations to make some modifications when the Criminal Procedure Code in the future.

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