Study Of Interrogation Procedures

The dissertation is about 39,000 words, consisting of four chapters.Chapter One is about the basic characteristics and principle of interrogation procedure in criminal investigation. Firstly, the author makes an approach to the meaning of interrogation in criminal investigation, pointing out that there are differences between interrogation and interview, and also interrogation in criminal investigation between interrogation in criminal procedure, thus the scope of the dissertation is confined. Then, the author views that inferred from the meaning, the interrogation procedure in investigation has three characteristics: It is antagonistic, coercive and its outcome, the suspect's confession, has spurious possibility. Because only the suspect confesses voluntarily is the confession admissible, the author puts forward at the end of the chapter that the basic principle of interrogation procedure in criminal investigation is the voluntary principle, and the author made a penetrating analysis of the judging standard, the theory basis and the connotation of the principle.Chapter Two is about the value of interrogation procedure in criminal investigation. In view that there are three value objectives in criminal procedure: substantive justice, procedural justice and efficiency, the author holds that the interrogation procedure in investigation is of great significance to the three objectives and makes an analysis of how the interrogation procedure attaches importance to realizing the three objectives. Then, the author points out that there are conflicts in the process of realizing the objectives. As the suspect's confession is of great importance, modern legal states try their best to balance the conflicts that institutions allow. They seek the value in realizing substantive justice and efficiency presupposing the suspect'ssubject status.Chapter Three is about the rules of interrogation procedure in criminal investigation that modern legal states have established to guarantee thewiliness of suspect's confession. These rules include rules of starting interrogation procedure, rules of restraining coercive interrogation and rules of judicial remedy. As the interrogation procedure in criminal investigation is coercive, the procedure starting conditions are strictly confined. Generally, only the investigator has informed the suspect of the rights, the suspect has voluntarily abandoned the right to be silent and the lawyer has been present can the interrogation procedure start. In order to prevent the investigator of abusing power, rules of restraining coercive interrogation are established. The rules include confining the time, place and methods of interrogation, rules of safeguarding suspect's rights, rules of fixing confession, rules of medical examination of suspect and rules of judicial control. And to make sure that the interrogation procedure can be judicially controlled when it is over, judicial remedy rule is also established. This is mainly exclusionary rule of illegally obtained evidence.Chapter Four is about rules of interrogation procedure in criminal investigation in China. Firstly, the author makes an analysis of the current rules and their defects, pointing out that there is inadequacy compared with the international standard. Then, the author makes an approach to the causes of forming the current rules. Finally, the author offers some suggestions on perfecting the rules of interrogation in China.