| The interrogation takes place prevalently and frequently, and has had great attraction for policemen during the long term, owing to the tremendous efficiency to public order. While the interrogation limits or infringes inevitably citizens'essential rights, refering to fundamental human rights and constitutional problems. The problem possesses highly sensibility, with the aware of rights improving and the voice of guarantee of human rights gradually rising. At the same time, the tragedies caused by interrogation—clash between police and people, like Yang Jia—happen continuously, which is an inevitable social problem. It is the concern of this thesis that how to deal with the frequent, subtle, conflicting, realistic, but practical to police problem, how to balance between powers and rights, keep the peace and assurance of human rights , and how to prevent or decrease the tragedies like Yang Jia.This thesis tries to begin with the dilemma the police confrontded with,then exposes the state withouting rules of interrogation in our country according to analyze typical cases,expecting to standardize the exercise of interrogation and to better protect people's essential rights. By analyzing the legal foundation and attribute of interrogation , comparing the foreign country's interrogation system with ours and taking our country's actual conditions into consideration, the writer of this thesis—based on the nature and trend, guided with the logoses of contracts, communication between police and citizens, validity, exception and balance between duties—divides interrogation into specifical interrogation and force interrogation, and then proposes some specific ideas about the construction of concrete rules, exceptive rules and the problem of balance between duties. |
