Study On Investigation And Interrogation System

Investigation and Interrogation is a procedure established by investigators according to the law. On the facts of the case and other questions relating to the case, it is a kind of detection activity of suspected criminal suspects to interrogation words form. The suspects must be interrogated positively and put their answering contents into Interrogation transcripts. As questioned criminal suspects, they are the direct bearer to get coercive measures and to obtain an important source of evidence clues to solve the case.As part of essential means and methods of our criminal investigation authorities to identify the main facts of the case, examination of prosecution at the criminal activities have played an irreplaceable role, but it is difficult to conceal its embarrassment from that it has been strongly criticized and questioned from the public. The reason is that:on the one hand, our existing Criminal Procedure Law and related judicial interpreted as the investigation interrogation system relatively crudely, there is no system and lack of relevant principles and measures. It is unable to effectively curb illegal interrogation situation happened; on the other hand, our country simply puts in Investigation and Interrogation as the means of detecting of an authorized crime crackdown. There is lack of necessary supervision and restriction of interrogation, in addition to the right of criminal suspects being questioned is extremely limited by law, it is difficult is to form an effective check the questioning. Therefore it will affect the whole Criminal Procedure and fair litigation of the transformation goals. For our existing system to improve detection of questioning, it is not only conducive to the discovery of the facts of the case based on the norms of behavior detection officers, establish the authority of the judiciary, and safeguarding procedural justice, but also to promote the protection of human rights and has long-term level of significance to make it continuously improve.This article first discusses the Investigation and Interrogation system itself. It is dissection of the Investigation and Interrogation with the distinction between related concepts, detection examination of the characteristics, functions, such as some basic questions. Subsequently, it makes deep-seated and systematic analysis on the concept of legislation and judicial practice in multi-angle. At the same time, using the comparative analysis method, it has made a detailed inspection of the relevant institutions abroad. On basis of learning from the advanced experience of developed countries and absorbing the legal system, it has put forwarded to establish some peculiar principle of Investigation and Interrogation; given criminal suspects the limited right to remain silent; the strengthening the suspects protection on aware of the right, right to appeal and the right to sue; the use of recorder and video; protection the lawyer the realization on meets right and the right to communicate, the right to question the presence of at the investigation stage; It brings forward some specific ideas that makes perfect our Investigation and Interrogation system on effective supervision and constraints activities.