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Protection of Civil Rights in the street inventory

Author: YangPengFei
Tutor: WuHongYao
School: China University of Political Science
Course: Procedural Law
Keywords: Inventory Protection of the Rights Reasonable doubt
CLC: D922.14
Type: Master's thesis
Year: 2009
Downloads: 87
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Abstract

In this paper, the equilibrium values ??as a guide, the angle of running on inventory right to standardize the police on the streets, this issue could be explored for the Protection of Civil Rights in the street inventory. China's existing legal framework, the qualitative inventory behavior are closely associated with civil rights protection mechanisms in the inventory system. Therefore, the judgment of the inventory behavior of the legal nature of the open wire, the inventory system in the Protection of Civil Rights discusses the dark line. The first chapter, the motivation of this article, the scope of the study, drawing a brief statement of restrictions and articles on architecture, so that readers can quickly grasp the purpose of this paper to understand the article discusses ideas and priorities. Article three chapters, in turn discussed the necessity of the judgment inventory behavior of the legal nature of reality, and operability. The second chapter of the police street inventory behavior and the Protection of Civil Rights, discusses the necessity of the legal nature of the judge the police on the streets inventory behavior on the Protection of Civil Rights. An interference in the supervision of the behavior of the fundamental rights of citizens, there are two directions: First, the act of control; the consequences of behavior to be the appropriate legal evaluation. The former, it also includes two kinds of pre-and post-review mechanism. Inventory of street police behavior is random and instant, therefore, the prior review mechanism may be applicable. Which can only be made after the review mechanism and the consequences of the behavior appropriate legal evaluation, these two control channels. In fact, the two power control channels in terms of civic rights have been infringed, its just the way of the right to relief. Ex post facto review in the legal system in China within the framework of mechanism design and evaluation of behavioral consequences of legal standards, and are closely related to the legal nature of the behavior of police interrogation. Therefore, the protection of civil rights conclude with the nature of the inventory behavior has a close correlation. Protection of Civil Rights in the U.S. inventory system the way the inspection is to show an inventory of rule of law in our country very different picture. Among them, the reasonable doubt standards and ex post facto review of the behavior of police interrogation and related legal evaluation mechanisms, have major implications on the inventory of rule of law in China. Chapter III of the Police Interrogation run empirical study, interpretation of the Police Interrogation and operating conditions of practice. In China, the right to police interrogation to be the relevant norms of regulation has not been systematic, and relevant legal principles, the implementation of inventory of the statutory conditions and procedures for the restrictions still in embryonic form. Inventory of the right to use in practice, has already exceeded the field of administrative law enforcement, as a measures of appearing in court or by any means extend to the field of criminal prosecution. Police Interrogation and running in China, showing the (inventory behavior) start (civil rights) relief is difficult \In view of this situation, on the one hand, need to set the \On the other hand should be emphasized that the design of ex post review mechanisms and behavioral consequences of a legal evaluation standard. Chapter reasonable doubt standard build. After the review mechanism for the design and evaluation of behavioral consequences of legal standard defined the nature of the inventory behavior is closely related to. Factors in the effective control of the police power of investigation and the natural event occurred logic reasonable but not covered by the nature of the inventory behavior of the time, place and constitute a crime as the \. Therefore, its not enough to accurately determine the nature of inventory behavior, this article subject to review them. Police the implementation of the inventory behavior is a process from start to finish, during which the nature of the behavior of uncertainty and circulation of sexual and therefore the nature of the act of an inventory can not be generally defined as the behavior of administrative actions or criminal proceedings. Suspect content and degree of change due to start, and the changing nature of the inventory behavior are based on the heart of the actors, therefore, the paper argues that the \Content and degree of suspicion by the police inside, not simply refer to the subjective perception and judgment of the content of the police inside, but the proof as to the \awareness of the facts. Reasonable suspicion to suspect that the police inside the content and extent of criteria involves three aspects: judge - reasonable doubt the factual basis for judgment - reasonable doubt proof to determine the design of the program - the right to Remedy .

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