China 's Investigation And Interrogation System Is Perfect

Investigative interrogation is an important way to obtaining statement of suspect and find the truth of a case. During current criminal suit of our country,there still no other evidence like statement made by suspect is used so extensively ,Also no other evidence play an important role in criminal suit like statement of suspect. Just because the important function of statement made by suspect , the detective often rely on it during the judicial practice excessivly. When they can not obtain it, they dare not confirm they have found the truth of a case. So infringing right of suspect by way of extorting a confession by torture, etc remains incessantly after repeated prohibition. Weaken the function of statement, ensure relatively wanton of suspect when they are interrogated and change the traditional lawsuit theory and mind of values. We must reform the system of current investigative interrogation. This text is try to study initially on how to reform the system of investigative interrogation of our country. The full text is divided into four parts altogether.The first part is try to describe the current situation and defects of investigative interrogation of our country. The Law of Criminal Procedure revised by the fourth session of the No. eight National Congress of People came into force in January 1997. It appears the normal rule of modern investigative interrogation on the whole .The protection of human right about suspect has been strengthened in this law. But there are still many defects, because we emphasized that the law is to attack the crime and the justice of substance excessivly, pay no attention to the value of interrogation procedure and the right of suspect in the choice of guiding theory and mind of values. The rights between office and suspect are seriously out-of-balance, interrogation go on under secret state and receive no supervision totally, the suspect must answer question strictly according to facts, except the right that refuse to answer the questions that have nothing to do with the case and invite the lawyer to offer help and act as agent, nearly has no other right of contradiction, becomes the means of finding the truth of a case. Although the law forbids the illegal method of extorting a confession by torture, etc. we have not defined the efficiency of the illegal statement and other evidence obtained with it. Above-mentioned defects result in many problems .The detective pay more attention to the statement of suspect, does not even hesitate to obtain it by illegal means. The lawsuit subject status of suspectloses totally,the individual rights are extremely easy to be infringed.The second part have described the value of investigative interrogation and the value choice on how to perfect the system of interrogation of our country .How to choice and design a investigative interrogation system that can find the truth of a case accurately, can ensure the individual fundamental right, also can realize the maximum efficiency of lawsuit is a synthesized judgment and weighing among different values. As a part of criminal procedure , the investigative interrogation also includes inherent value ,external value and efficiency value.Three kinds of value are set against as well as unified. On History, the different choice among three kind of value had formed two kinds of totally different mode and system of investigative interrogation .In Civil Law system country, The system of investigative interrogation can easily find the truth of substance, but apt to infringe right of suspect. While in Anglo-American law system country,,the mode and system of investigative interrogation was comparatively outstanding on personal value and the fairness of procedure, but it may reduce ability of finding the truth and the lawsuit efficiency. Seen from world criminal suit developing history, Doctrine of Function and Power is in the trend of falling ,while Doctrine of Part is rising obviously.To perfect the system of investigative interrogation of our country should consider the situation of our country...