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On the protection of informants
Author: LiuQiang
Tutor: GuoXiaoGuang
School: China University of Political Science
Course: Procedural Law
Keywords: Protection of informers Informant agreement Rights and obligations Value conflicts Court Does not appear
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 196
Quote: 1
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Abstract
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Informants in criminal cases , is the exemption for pay or criminal , and to cooperate with the investigating authorities , engaged in secret investigation , and provide clues or evidence of crimes people . With secrecy , the purpose of sexual characteristics. Informer is the main secret investigative techniques , is to obtain information and evidence of deep main channel , but also to carry out a major force inside investigation . Some informants in criminal cases solved effectively combat certain types of criminal activities play an important role . But this is not commensurate with the interests of informants did not get comprehensive protection . Informants lived life blood Shangtian tip , personal safety is threatened from time criminals ; investigative authorities do not provide effective physical protection , but often do not honor their commitments , interests infringed informant ; gaps in legislation is the line who receive comprehensive protection of important reasons. This paper attempts to explore the protection of informants from the court whether the informant informant agreement with the two aspects . This paper can be divided into three parts : the first part of the first chapter , the main features of the concept discusses the necessity to protect informants and informants . Internal textbook definition of public security departments focused informant informant effectiveness of the investigation , but ignored the informant scraped investigation to gather evidence for the purpose of providing clues , which reflects the deep ideological concept of protecting the informant 's missing. Secret , purpose and so is the informant characteristics. Reality protected urgency , legislative gaps and poorly protected and proactive investigative organs infringement where the necessity to protect informants . The second chapter of the second part of this article discusses the agreement to protect informants . About the relationship between the police lines , investigation practice, academic theory, there are different views at home and abroad , the paper considers the informant and the investigating authorities is an employment relationship or prospective employment relationship . Online Agreement set out the rights and obligations of both the police line, clearly enjoys the right to reward informers promises and requirements , and gives a method to resolve disputes liable for breach of the agreement , so as to give comprehensive agreement to protect informants . Chapters III and IV of this paper is the third part focuses on the protection of informants in both cases appear offline or not people . Does not appear in court and behind the value is actually a pair of law - accused to a fair trial and the informant 's personal safety - confrontation. By comparing the value of trade-offs and vertical , in order to establish the informant \Does not appear to rise as a right , but there is no necessity in most cases analyzed informants to appear . The court case informant to strict rules to avoid or reduce exposure of the identity of the informant may testify on procedures and methods . After exposure of the identity of the informant in court , to give appropriate aftercare to protect informants .
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