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The Research on the Record of Detection Inquires System

Author: LiuChang
Tutor: ZengKang
School: Southwest University of Political Science
Course: Procedural Law
Keywords: The Detection Inquires The Record Of Detection Inquires Evidence Potency The Synchronize Sound Recording Video Recording
CLC: D918.5
Type: Master's thesis
Year: 2009
Downloads: 466
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Abstract

The record of detection inquires(called record of detection inquires for short) is a kind of legal copy clerks which the Policemen make to record the suspects’ oral confession in the detection inquires.It is of legal effect.According to Chinese Criminal Procedure Law,the record of detection inquires which being true is a kind of evidence to recognizes the fact..So,making the detection inquiresis well is so important for making sure the criminal procedure、punishing the crime well and protecting the right of the civil(the suspects included)."System" means a kind of standards which call on members follow.I think the record of detection inquires system has rich connotation.It is from the record of detection inquires,including its making、using、proves ability and evidence ability examming、protecting,etc。It includes form and content of the record of detection inquires,and others as well.A kind of measure is vigorous when it is connected with really system,or it is not meaningful.So is the record of detection inquires.The record of detection inquires system,the synchronized sound recording video recording system and the attorney on the scene system in the detection inquires are all for Entity justice and Procedure justice.But the record of detection inquires system in China has many questions not only in he law but also in the judicial practice.It manifests that legal norm is deficient;it works roughly and at will;the recording and protecting functions is deficient;its willing and acception are suspicious.etc.So,it is needing immediate improvement.This article is of three parts.The first part of the main text introduces and analyses some concepts of the record of detection inquires system.In this part,i discuss the origin of the inquires power’s validity and rationality.For the inquires power is a kind of nation might limitting and eliminating civil’s freedom.We must make the inquires power’s validity clear,or else the record of detection inquires can not exit in the law system;next,i explain the concept、content and figures from multiple perspectives;then its legal value and lawsuit value.From the legal nature’s aspect,the record of detection inquires is nor an independent evidence type but the suspects’ confession on paper,attaching in the confession and making sure its evidence potency.But it is not equal to the suspects’ confession.Because the bodies、objects,ways and values to be proved are different.Meanwhile,the record of detection inquires is complaint evidence、oral evidence、original evidence and hearsay evidence.Making sure these can help us with its evidence abilty、proves ability,and reason of flaws.The record of detection inquires is to be court evidence、right protect and power limit.Though the hearsay rule says that the record of detection inquires can not accept for it is hearsay evidence,except that it is likely to be complaint evidence and impeachment evidence in judge.The evidence ability of the record of detection inquires is accepted by Chinese Criminal Procedure Law;the record of detection inquires conforming to the legal proceedings can reappear the inquiring.Auxiliary by signature of two parts、attorney and public prosecutor,as well as the disadvantageous consequence if collecting evidence illegally,it can make the inquires behavior regular,and protect right of the suspects.The second level of the first part about the record of detection inquires is based on comparison research,picking the record of detection inquires system of the two legal systems abundantly.The content of the record of detection inquires、the acceptance of evidence are key. For the content of the record of detection inquires expresses the function to elimilate power and protect right.The concept of evidence ability is from UK-US legal system.An evidence deficient of acceptance and evidence ability can not go into the court and be used.So,referring to the system abroad is very important.In Mainland legal system country,the record of detection inquires as confession out of court can not be of evidence qualifications,and is limited by evidence rules.That is to say,. this kind of evidence which must be tested by some evidence rules can be of evidence qualifications.In UK-US legal system.Countries,acceptance of evidence is based on voluntary.The voluntary rule is to eliminate the evidence not out of voluntary.It means that in the criminal cases,only evidences which are out of voluntary are of evidence ability.Or else it is not acceptable.For the sake of eradicating police’s illegal extorting evidence,some traditional Mainland legal system countries set up "eradicating illegal extorting evidence rule" from UK-US legal system.Countries step by step.The second part analysises historical and present situation of the record of detection inquires.This part introduces Chinese record of detection inquires in brief first,then analysising questions in legislation and judicial practice.Firstly,the legislation does not stipulate it,weakening the record of detection inquires’ evidences ability and proves strength; secondly,the record of detection inquires can easily go into the court and be accepted by judges;thirdly,the voluntary of the record is suspicious.Currently,the detection inquires are used universally、detection surveillance is deficient,and the examination about the record goes to formalism.So it is hard to say that the record of detection inquires recording is Being true.These records recepted by judges are likely to infringe the suspects’ right and cause miscarriages of justice.The consequence is serious.The third part makes some suggestion in improving the record of detection inquires in China.I think that for a legal system especially the record of detection inquires which needs practice and operation should set up some principles and train of thought first.;we should take theory into practice,connecting with characters and natures of it,and learn from abroad,then thinking back about the improvement.I put up my theory of improvement to from practice.I wish that it can take actual effect,and resolve questions in practice..The actual resolution includes improving legislation in evidence、making the system better and better;regulating the rule of the records-making;universalizing the Synchronize sound recording video recording;strenthening the supervising to police by the public procecutors;making the policemen bear witness in a lawcourt,and other resolutions to form a complete system.Any kind of system can exist based on its reality and optional ability.I wish that some resolutions can make the record of detection inquires system take more important and bigger role in judicial practice.

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