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Criminal Investigation Interrogation System procedural legal regulation

Author: CongDong
Tutor: XuJianLi
School: East China University of Political Science
Course: Legal
Keywords: Criminal investigating interrogation system the procedure law rules and regulations
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 231
Quote: 1
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Abstract


Criminal investigating interrogation system regulates the compulsory behavior of criminal investigating organization. In the course of investigating interrogation, suspects’right can’t be protected sufficiently because investigating organization’s power is too strong to limit. So suspects’right is often ignored and trampled. Being forced to confess a crime owing to being hit usually occurs. This dissertation will argue about“limit public power and protect private right”in order to look for a procedural law system and regulation to control the misuse of investigating power and hope to carry out law’s value of justice, procedure fair, efficiency. This dissertation consists of 5 chapters.Chapter 1 is a simple introduction of the criminal investigating interrogation system. By defining investigating interrogation, the concept of investigating interrogation system is showed. It discusses the double functions of entity and procedure and the history of Chinese and foreign investigating interrogation system.Chapter 2 is on the law value of investigating interrogation system. It discusses the three law values of investigating interrogation system and their opposite and unifying relation. It also introduces the choice of law values of Chinese investigating interrogation system.Chapter 3 is on the present condition and analysis of Chinese investigating interrogation system and present regulations. It analyzes the disadvantages of Chinese investigating interrogation system and discusses the causes of the questions.Chapter 4 is on the comparison and analysis of foreign investigating interrogation systems. It introduces two typical kinds of present investigating interrogation system models and their fusion. We can draw a lesson from it.Chapter 5 is on a speculation of the procedural law restriction of Chinese investigating interrogation system. It establishes the subject and principal of the procedural law restriction of Chinese investigating interrogation system. From the start of interrogating, carrying out, supervising, redressing, it puts forward a series of measures, such as establishing the system of judge reviewing, tell ahead, separation of investigating, interrogating and custody, silence right, a lawyer being present when interrogated, record and video ,the regulations of interrogation, confession randomly, objection to prove the offense by himself, expelling the illegal proof, etc.

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