What are the three pillars of criminal investigation?

From the perspective of discipline genealogy, in the discipline dimension of science and engineering, investigation behavior is an engineering behavior, investigation thinking is an engineering thinking, and investigation is essentially an engineering discipline. Investigation science should have characteristics and temperament that distinguish it from other theoretical disciplines: concrete, open, technical, valuable, integrated, and integrated.

The principle of criminal investigation is to emphasize evidence, investigation and research, and not to believe confessions.

Criminal Investigation Techniques, Special Intelligence, Information.

Criminology is a discipline that takes criminal phenomena as the object of study. In a broad sense, it also includes specifically looking for the actual causes of criminal behaviour in order to provide a means of mitigating the impact of criminal behaviour on society. Relevant crime studies will also be published in society with ** standards and responses to crime.

Criminology is a behavioral science, with a special focus on the study of sociology and psychology, just like law and jurisprudence. In 1885, Raffaelegarofalo, an Italian law professor, coined the term "criminology" ("criminologia" in Italian), and around the same time, the French anthropologist Paul Topinard first applied criminology to France (i.e., "criminologie" in French). Analyzing and comprehensively studying crimes and offenders as a whole, and exploring the causes and laws of crimes, is called crime etiology, which is criminology in a narrow sense.

Criminal policy is the study of the causes and laws of crime in order to effectively deal with and prevent crime, and thus to seek appropriate and effective countermeasures to crime. Criminology in a broad sense includes the theory of the causes of crime and the theory of countermeasures to crime. Criminology in Britain and the United States is mainly in a broad sense, while scholars in continental Europe mostly use a narrow sense, while Japanese scholars do not often use criminology but use the term criminology, and tend to use the term criminology in a broad sense.

Investigation and criminal law, criminal procedure constitute the three pillars of criminal law in China, the creation of investigation science with modern significance was in Europe at the end of the 19th century in 1893, and the earliest introduction and establishment of investigation science in China was in the 30s of the 20th century. Generally speaking, investigative science is the study of the investigative activities carried out by the subject of investigation with the nature of criminal justice activities and their laws, and the scientific investigation is an activity based on the purpose of ascertaining the truth of the case, collecting evidence, and seizing the criminal suspect. Researching, revealing, mastering, and applying "investigative activities and their laws" embodies the specificity of the research object of investigation, and the contents of this research object include: first, the general principles of investigative activities; That is to say, the general principle of investigative activities is to study the general laws of investigative activities theoretically or from a macroscopic perspective, which belongs to the category of theoretical research on investigative activities, and has guiding significance for practical or applied research on investigative activities.

second, the procedures and methods of case investigation; That is to say, the research object of investigation studies the investigation of criminal cases as a whole, including the general laws of criminal case investigation and the laws of various types of criminal case investigation. the third is the implementation strategy and method of specific investigative acts; That is to say, the law of specific investigative behavior is the basis for studying the law of the entire investigative activity, and the study of the law of specific investigative behavior is also the basis of the entire investigative research. In short, the general principles of investigative activities, the procedural methods of criminal case investigation, and the strategic methods of specific investigative behaviors constitute the main content of the law of investigative activities, and the three are a joint whole at one level, which constitutes the main content of investigative research.

It can be seen that ** is mainly the work of the investigator.

Debt forgiveness, bai refers to the creditor's forgiveness

In the case of partial or full debts of the debtor, the rights and obligations of the contract shall be partially or fully terminated. It should be noted here that, first, the debt forgiveness must be made by the creditor to the debtor, and it is useless for any other third party to make the expression of intent to make this waiver; Second, the waiver is the creditor's free disposal of its own rights, which is a unilateral expression of intent and does not require the consent of the debtor. Third, the exemption can be conditional or time-limited, for example, Li Lei borrowed a sum of money to Han Meimei, Li Lei can agree that as long as Han Meimei does not eat crayfish for a year, then the debt does not have to be repaid, so as long as Han Meimei meets this condition, the debt really does not have to be repaid.

Finally, the intention of debt forgiveness must be to notify the debtor, and it is not considered that the creditor can simply talk to anyone else. Legal basis: Article 91 of the Contract Law of the People's Republic of China shall terminate the rights and obligations of the contract under any of the following circumstances:

1) The debt has been fulfilled in accordance with the agreement; (2) Termination of the contract; (3) Debts are offset against each other; (4) The debtor deposits the subject matter in accordance with law; (5) Creditors forgive debts; (6) The creditor's rights and debts are attributed to the same person; (7) Other circumstances provided for by law or agreed upon by the parties to terminate. Article 105 of the Contract Law of the People's Republic of China provides that if a creditor forgives part or all of the debtor's debts, the rights and obligations of the contract shall be partially or completely terminated.

Article 91 of the General Principles of the Civil Law of the People's Republic of China stipulates that: "If one party to a contract transfers all or part of the rights and obligations of the contract to a third party, it shall obtain the consent of the other party to the contract and shall not make profits." ......This clause contains the recognition and provision of the assumption of debts.

However, this clause regulates the assumption of debts, the assignment of creditor's rights, and the general transfer of creditor's rights and debts, which is too general and not very operational, and is easy to cause confusion in practice, and can only be used as a guiding principle. Prior to the promulgation of the new Contract Law, many scholars believed that Article 33 of the Inheritance Law of the People's Republic of China was a typical example of the legal provisions on the assumption of debts. The clause states:

The inheritance shall pay off the taxes and debts that the decedent shall pay in accordance with the law, and the payment of taxes and debts shall be limited to the actual value of his estate. "This provision of the Inheritance Act is not a very strict assumption of debt. The first half of the clause is indeed very similar to the assumption of debts, but the second half of the sentence clearly stipulates that the taxes and debts to be repaid by the heirs are limited to the value of the decedent's estate, which means that if the decedent's estate is insufficient to repay the debts, the heirs do not need to repay the deficiency on behalf of the decedent.

This is different from assumption of debt, because in assumption of debt, the new debtor or the new debtor together with the original debtor must perform its obligations to the creditor in full, and there is no doubt that the new debtor is not exempt from liability because the original debtor is unable to repay. Here, it would be incorrect to say that the nature of the act of the heir is performed by a third party. As mentioned above, in third-party performance, if the third party fails to perform or performs improperly, the creditor has no right to claim liability from the third party but only from the debtor.

In this clause, if the heir refuses to perform the obligation or performs it improperly, the creditor of course has the right to directly demand liability from the heir. Therefore, this provision of the Inheritance Law can only be regarded as a situation of "quasi-debt assumption" or "quasi-applicable debt assumption". Nevertheless, before the promulgation of the Contract Law, it was not unreasonable to use it as a legislative precedent to study the assumption of debts.

After the promulgation of the new Contract Law, Articles 84 to 86 specifically stipulate the issue of debt assumption.

Only basic living housing cannot be seized. Because installment payment requires the consent of the executor, it is necessary for you to pay first to obtain the consent of the other party. Do you understand? So if you can negotiate with the other party, don't pay first.

It's not absolute that it can't be seized, just keep the necessary share of life ** for you. It is recommended that you actively negotiate with the other party, and the installment should be possible.

The Executive Board generally does not adopt the practice of "killing the chicken and taking the eggs", but you should also be proactive, and it is possible to reach a settlement agreement with the applicant for enforcement.

Debt refers to the obligation of the debtor to the creditor to act or not to act in accordance with the law in the legal relationship of debt.

It can be negotiated between the two parties, provided that the other party sees your sincerity.

1.If the court of jurisdiction is selected, the people's court at the place where the defendant is domiciled or where the contract is performed shall have jurisdiction over the lawsuit arising from a contract dispute;

2.In the case of an application for property preservation, the people's court may, on the basis of the application of the other party, make a ruling on property preservation in cases where the judgment cannot be enforced due to the conduct of one of the parties or other reasons;

3.To apply for a payment order, the creditor requests the debtor to pay money and valuable, and if the conditions are met, it may apply to the basic people's court with jurisdiction for a payment order.

Legal basis] According to Article 84 of the General Provisions of the Civil Law, a debt is a specific relationship of rights and obligations between the parties arising from the agreement of the contract or in accordance with the provisions of the law. The person who has the right is the creditor, and the person who has the obligation is the debtor.

Legal Relationship:

1. The direct relationship is: the house of the elderly living alone and the relatives have made a mortgage with the real estate.

2. The relative took the money obtained from the loan to buy a house for his son, which is a gift and cannot be sued.

3. Debt relationship, compulsory enforcement, subject to the judgment.

Then you have to show evidence to prove that this is not a gift, and only then can you take the previous property! At the same time, ask this relative clearly! Why take your grandfather's imitation as collateral!

Your lawyer is an undercover agent, right? It's all enforced, how can you say that you can't sue again?

First, it is recommended that you change your lawyer before proceeding to the next step.

You should consult a few lawyers, and if the other party gets a loan, he will buy a house for his son, this kind of behavior cannot be regarded as a gift, right? This is obviously a malicious transfer of criminal proceeds, and in the end, it is the evidence that speaks.

There may be a bad faith transfer of property that can be revoked. FYI.

If it's cheating, it's not a gift.

Joint and several debts refer to the debtor having two or more debts due to the whole debt.

A debt in which there is a joint and several relationship between the internal affairs parties, and each debtor bears the obligation to repay the debt in full, and the full repayment of one or more of the debtors takes effect on all debtors, thus extinguishing the relationship of all debts. Or it can be simply said that if several people bear the same debt, and each of them bears the obligation to pay all the debts, it is a joint and several debt. In China, there are the following types of joint and several debts based on the direct provisions of the law:

1) Joint and several liability in the relationship. It refers to the fact that among the three parties in the relationship, due to the occurrence of statutory matters, one of the two parties jointly and severally bears joint and several liability to the other party. In the General Principles of the Civil Law and relevant judicial interpretations, the following types of joint and several debts are provided.

3) Partnership debtsParagraph 2 of Article 35 of the General Principles of the Civil Law stipulates that the partners shall be jointly and severally liable for the debts of the partnership, unless otherwise provided by law. (4) Joint and several liability in warranty.

There are two types of guarantees: general guarantees and joint and several guarantees. Joint and several guarantee means that the creditor can require the debtor to perform the debt and the guarantor to perform the guarantee obligation when the debt performance period expires.

1. Article 84 The debt is in accordance with the provisions of the contract or in accordance with the provisions of the law

The person who has the right to answer is the creditor, and the person who has the obligation is the debtor. The creditor has the right to require the debtor to perform its obligations in accordance with the contract or in accordance with the provisions of the law.

2. Article 86 Where there are two or more creditors, the rights shall be shared according to the determined share. Where there are two or more debtors, the obligation shall be apportioned according to the determined share.

3. Article 87 Where the number of creditors or debtors is two or more, each creditor enjoying joint and several rights shall have the right to require the debtor to perform its obligations in accordance with the provisions of the law or the agreement of the parties; Each debtor who is jointly and severally liable has the obligation to pay off the entire debt, and the person who has fulfilled the obligation.

4. Article 86 Where there are two or more creditors, the rights shall be shared according to the determined share. Where there are two or more debtors, the obligation shall be apportioned according to the determined share.

According to the relevant laws and regulations of the General Principles of the Civil Law of the People's Republic of China, debts incurred by two or more natural or legal persons on the basis of a common civil act are joint debts. Joint debts mostly refer to the joint debts of husband and wife, and also refer to the joint and several liability of the partners for the debts of the enterprise.

Joint debts mostly refer to the joint debts of the husband and wife, and also refer to the joint and several liabilities of the partners for the debts of the enterprise.

In this case, first of all, you are the person in charge of the pig farm, and you are fully responsible for the debts owed, because in ordinary times, the two brothers often have to sign, and it can be determined that your brother is your employee or your partner, if it is your employee, then you are responsible for the debt, if it is a partner, the joint debt of the two of you, you two bear joint and several liability until the debt is paid off.

No, because there is no personal bankruptcy system in our country now, what you said cannot be realized, so from the current point of view, the debts owed should continue to be repaid. However, the state is now considering personal bankruptcy. Whether it will be implemented is uncertain.