Study On The Reform Of Interrogated Defendant System In The Viem Of Constitutionalism

The criminal accused is the person who is accused by the People's Procuratorates or the victims and their legal representatives, requested the People's court to investigate the legal responsibility legally. The article only involves the appeal case. In appeal case, because procuratorial organs of the state are strong public power authorities, the right of the criminal accused is very easy to be violated, and Law of Criminal Procedure or the criminal law is difficult to protect. Only Constitution, limiting the state power and safeguarding the citizen human rights have ability to do. This is the reason that the article research interrogation system under the constitutional government field.After China Law of Criminal Procedure revision in 1996, the criminal accused person's right already had the expansion. But when inquires the accused person, we may discover that accused person's right is insufficient. The public prosecutor interrogate the accused person in our country's court t proceedings before other evidence, and the public prosecutor, the judge even the victim may interrogate the accused person. Whether the criminal accused reply or not and what he reply most likely will lead to unfavorable consequences. Facing these, the accused person is helpless.The ultimate goal of the constitution is to protect human rights. As the seismometer of Constitution, the implementation of the Law of Criminal Procedure is the application of the Constitution. According to the condition that the accused person system exists in our country, other national present situation of related system and the theory of interrogator's status right under constitutional government system. The article proposed a reasonable system for interrogated defendant so that the accused can have basic procedure human rights. The system include that the last step in our country's court investigation proceedings is that the public prosecutor interrogate the accused person because of presumption of innocence, that the accused person has the silence right because no person can be forced to give evidence which may incriminate himself, that the Constitution should includes "Accused person's procedure basic right" , that the adoption of the voluntariness of confession in the admissibility test can be supported and that accused person's procedure basic right can obtain remedy of constitution directly.