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Mechanism of supervision of the investigation right under the due process of vision

Author: HanWenJing
Tutor: ZhengXu
School: China University of Political Science
Course: Legal
Keywords: Due process of law Power of investigation Prosecutorial Supervision of Illegal evidence exclusion rules
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 84
Quote: 0
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Abstract


Power of investigation is an important part of the national public authority, it is a crime punishable as a national important powers, have a great impact on individual lives, alienation or abuse, not only can not play the purpose of crime control, also civil rights can not be guaranteed. With the international human rights movement, as well as China's economic and social development of the citizens' political awareness, sense of democracy, hair consciousness growing our current investigation right supervision and restraint mechanisms no longer meet the requirements of the guidelines of the international criminal justice, as well as the need of building a government under the rule of law . Therefore, improve the mechanism of supervision and the establishment of effective power of investigation, can the process of promoting the rule of law, protection of human rights. Due process of law is a right protection mechanism, the mechanism of supervision of the investigation right and important as the to control investigations rights and the protection of civil rights and due process of law required to limit government power and protect citizens' rights functionality consistency. A series of related criminal investigation right to carry out effective supervision and control system set by the norms of due process of law, not only to provide procedural safeguards for the mechanism of supervision of the investigation right, as well as to achieve substantial justice. Perspective mainly to due process of law, combined with the legislative and judicial practice of empirical countermeasures to perfect our investigation right supervision and restraint mechanisms. As an entry point to the concept and the nature of the critical power of investigation, specifically addressed the nature of ethical basis, and the supervision and control of the value from the theoretical concept of our investigation right. By exploring the mechanism of supervision and investigation right requirements of due process of law, clear thinking and direction of reform and perfect the mechanism of supervision of the investigation right. Exercise involving the punishment of crime and the protection of the violent conflict between the human rights in the transformation of society in China, the investigation right of supervision and control mechanism of the existing power of investigation has exposed a lot of problems - the the investigation supervision of procuratorial organs is limited, suspects The weak law rights and procedural sanctions missing. These problems prompted us from the excavation in order to find the crux of our current investigation right of supervision and control mechanism underlying causes. Theoretically, improve supervision and constraints of the investigation right there are a variety of paths, but in order to avoid the academics and practitioners of talking, we should build our legislation and judicial practice, select the feasibility and operability Criminal Investigation supervision and control method is the perfect wise of the current constraints of the investigation right mechanism. Therefore, under the existing judicial system in China, procuratorial organs function of legal supervision in China has not changed, efforts to strengthen the supervisory functions of the procuratorial organs of the investigation right, perfecting the illegal evidence exclusion rules and improve the detection of relative human rights relief, both due process of law requirements, most in line with China's national conditions.

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