2011•Unpublished venueRequires access

A Study on Reconstructing the System of Investigation and Interrogation

Gai Shu-guang

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Abstract

We should learn from the experience of ruling-by-law countries while constructing and perfecting our country's current system of investigation and interrogation,taking our country's current situation of social public order and criminal judicature fully into consideration and keeping a balance between punishing crimes and guaranteeing human rights.A neutral judicator should be set in procedural structure,and the criminal suspect's status of litigation subject should be established and enhanced in the concept of litigation.Meanwhile,regulations about the time,place of investigation and interrogation,notice of the criminal suspect's litigation right,procedure and means should be perfected.In addition,corresponding supporting system should be improved,and the system of separating detection from detainment,the system of separating interrogation subject and criminal suspects as well as the system of shifting of burden of evidence be established.

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What this paper is about

We should learn from the experience of ruling-by-law countries while constructing and perfecting our country's current system of investigation and interrogation,taking our country's current situation of social public order and criminal judicature fully into consideration and keeping a balance between punishing crimes and guaranteeing human rights.A neutral judicator should be set in procedural structure,and the criminal suspect's status of litigation subject should be established and enhanced in the concept of litigation.Meanwhile,regulations about the time,place of investigation and interrogation,notice of the criminal suspect's litigation right,procedure and means should be perfected.In addition,corresponding supporting system should be improved,and the system of separating detection from detainment,the system of separating interrogation subject and criminal suspects as well as the system of shifting of burden of evidence be established.

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Available abstract

We should learn from the experience of ruling-by-law countries while constructing and perfecting our country's current system of investigation and interrogation,taking our country's current situation of social public order and criminal judicature fully into consideration and keeping a balance between punishing crimes and guaranteeing human rights.A neutral judicator should be set in procedural structure,and the criminal suspect's status of litigation subject should be established and enhanced in the concept of litigation.Meanwhile,regulations about the time,place of investigation and interrogation,notice of the criminal suspect's litigation right,procedure and means should be perfected.In addition,corresponding supporting system should be improved,and the system of separating detection from detainment,the system of separating interrogation subject and criminal suspects as well as the system of shifting of burden of evidence be established.

Key concepts: Interrogation, Suspect, Notice, Criminal procedure, Subject (documents), Law, Political science, Set (abstract data type)

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