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Crimes Investigation of the right of supervision and restriction mechanism

Author: WangGuoFeng
Tutor: GuoXiaoGuang
School: China University of Political Science
Course: Procedural Law
Keywords: The right to Crimes Investigation Supervise Restrict Power Supervision The right to restrict
CLC: D918
Type: Master's thesis
Year: 2008
Downloads: 271
Quote: 2
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Abstract


Job-related crimes as criminal acts that seriously endanger the stability, strictly against the inevitable characteristics of socialist construction in China. Our country will be given the right to Crimes Investigation People's Procuratorate, the wise choice is made on the basis of the rule of law the status quo and keeping with the global anti-corruption trend. However, due to the procuratorial organs at the same time, the country's legal supervisory authority, an independent judicial body, and thus judicial practice, there has been Crimes Investigation supervision of the right to restrict the weak, leading to the current Crimes Investigation abuse of investigative powers, violation of the suspect the human rights violations of frequent occurrence. The main reason is the lack of a comprehensive and systematic study of the Crimes Investigation of the right of supervision and restriction mechanism, used to guide practice. To improve the socialist rule of law, social harmony, the supervisory mechanism of the Crimes Investigation the right to conduct a comprehensive study of the first systematic analysis is necessary. This paper tries to introduce and from the service in need of social reality, combined with the existing theoretical research, based on analysis of existing problems contradictions and the balance of powers theory, the right of supervision and restriction mechanism Crimes Investigation analysis, and proposed to improve and reform program, in order to be helpful to the improvement of the Crimes Investigation status quo. To remove the preamble is divided into five chapters, two major parts. Among them, the first chapter of the first part of the full text Zonglun; Chapter II to Chapter V of the second part of the sub-theory of the full text. An overview of the first chapter of the Crimes Investigation the right of supervision and restriction mechanism, the part from the related concepts of the mechanisms of supervision and restriction analysis of the Crimes Investigation the right to start the detailed analysis of the History of Crimes Investigation and Supervision, the status quo and practice, focuses on the mechanism of supervision and the principles of this reform, and the right to improve job-related crimes investigation, combined with the purpose of this study and ideas on the basis of external supervision mechanism of power should be from the right of Crimes Investigation, Internal power restriction mechanism, the rights and restraining mechanism and judicial system to protect build a theoretical concept of supervision and restriction mechanism. Chapter II Crimes Investigation the right to external oversight mechanisms of power and the Reconstruction of part of the chapter details the supervision of the Crimes Investigation the right NPC organs, CPPCC supervision, supervision within the Party, the People's Court's supervision status and and actively looking for reform and improvement of the law; focus on this new mode of supervision of the people's supervisor system. Chapter III Crimes Investigation the right to perfect the mechanism of internal constraints part of the problem and the existing theoretical results on the basis of the detailed analysis of the practice, advocated strengthening the procuratorial organs at a higher level constraints and strengthen the same procuratorial organs internal constraints aspects to improve its internal power restriction mechanism. The fourth chapter is the construction part of the right to restrict the right of Crimes Investigation, the departure from the purpose of restraining power to run the exercise of the rights and recommendations from the protection of human rights in the investigation of crimes committed and to strengthen the role of public opinion of the masses and the news media two Crimes Investigation the right constraints. The fifth chapter is the last part of the article, it is recommended that the constraints on the exercise of the right of Crimes Investigation from the perspective of the judicial system and that the sound of illegal evidence exclusion rules to select the evidence obtained by the Crimes Investigation in order to achieve the objective of restricting the power of investigation . Crimes Investigation of the right of supervision and restriction mechanism is the protection of Crimes Investigation smoothly legitimate right to the implementation of the system, it will play a central role to improve China's socialist rule of law, building a harmonious society. From a theoretical dimension Crimes Investigation the right supervision and restriction mechanism of the positive and useful discussions, to the right specification of Crimes Investigation to exercise and improve the judicial status quo to make a hand.

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CLC: > Political, legal > Legal > UNIVERSITY > Criminalistics ( the response to crime science, crime Investigation )
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