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학술논문비교형사법연구2013.07 발행

중국에서 피의자신문제도에 관한 개혁과 향후 과제 -중한 피의자신문제도의 비교를 중심으로-

The Reform of Chinese Interrogating Criminal Suspect Institution and Future Researh-the Korean Experience-

최군용(중국 연변대학)

15권 1호, 291~316쪽

초록

By comparing the interrogating criminal suspect institution of China and Korea,the paper discusses the reform of Chinese interrogating criminal suspect institution and future research. Interrogation one behavior of an investigation by law, the confession obtained by interrogation at the trial is one of the important evidences. Although the material technology has developed unprecedentedly, the interrogation is still one of the most economic ways to investigate. Through the interrogation, we can find out the criminal process, seize the evidences, reduce the investigation costs, and improve the efficiency of the proceedings. However, the interrogation system is imperfect. It leads to the infringement of the suspect which can not be prohibited entirely. It also ruins the self-value of the requirements of the criminal litigation, hinders the democratic and legal process in China. Therefore, the writer concludes the criminal suspects’ rights in interrogation, analyzes the subsistent problems in the interrogation process, summarizes the overseas criminal suspects’ rights in interrogation, and puts forward several suggestions on perfecting the criminal suspects’ human rights at the end.

Abstract

By comparing the interrogating criminal suspect institution of China and Korea,the paper discusses the reform of Chinese interrogating criminal suspect institution and future research. Interrogation one behavior of an investigation by law, the confession obtained by interrogation at the trial is one of the important evidences. Although the material technology has developed unprecedentedly, the interrogation is still one of the most economic ways to investigate. Through the interrogation, we can find out the criminal process, seize the evidences, reduce the investigation costs, and improve the efficiency of the proceedings. However, the interrogation system is imperfect. It leads to the infringement of the suspect which can not be prohibited entirely. It also ruins the self-value of the requirements of the criminal litigation, hinders the democratic and legal process in China. Therefore, the writer concludes the criminal suspects’ rights in interrogation, analyzes the subsistent problems in the interrogation process, summarizes the overseas criminal suspects’ rights in interrogation, and puts forward several suggestions on perfecting the criminal suspects’ human rights at the end.

발행기관:
한국비교형사법학회
DOI:
http://dx.doi.org/10.23894/kjccl.2013.15.1.011
분류:
법학

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중국에서 피의자신문제도에 관한 개혁과 향후 과제 -중한 피의자신문제도의 비교를 중심으로- | 비교형사법연구 2013 | AskLaw | 애스크로 AI