Investigation And Interrogation Procedures Are Open Theory

According to the Criminal Procedure Law of P. R. China, interrogation of criminal suspect is an investigation measure at the investigation stage. Seen from the common investigation practice, confidentiality is a principle applied during interrogation process of criminal suspect. Although the request of an open and transparent investigation and interrogation procedure is mentioned to some extent in criminal procedural law theory, the history and foundation of such theory is far less and weaker than the theory of procedural legitimacy and procedural justice. Along with the development of criminal procedural system and the rooting of civil rights concept, individual person becomes the subject enjoying independent position, an open and transparent investigation and interrogation procedure becomes a hot topic of modern feature that attracts many attention. Since China's accession to the WTO, it has signed many international conventions, such as "Civil Rights and Political Rights Convention", consequently, the value tendencies adopted in international criminal procedure laws on investigation and interrogation procedure imposed far-reaching influences on China's criminal procedural system. However, China's criminal legislation and judicial practice still can not escape from the old procedural mode featuring too much focus on substantive truthfulness, too much focus on the State power, but too less attention on safeguarding rights, investigation organs have extensive freedom of discretion and exercising of power, security staff has full procedural control power during investigation. With the purpose of promoting the reform of present investigation and interrogation system, and establishing an open and transparent interrogation procedure, the paper proposes the theory on open and transparent investigation and interrogation procedure based on the comparison between and analysis on opening of investigation and interrogation procedure of the two legal families. The paper also, from the angle of value of procedural openness, proposed a workable system following its analysis on China's present interrogation and investigation system and its weak points, and its study on such aspects as notification of criminal suspect's rights, lawyer's involvement right, reform of the method of fixed evidences, etc. The paper holds the point of view of realizing judicial justice in interrogation and investigation field through well balancing the system building of an open and transparent investigation and interrogation procedure, and improvement and realization of safeguarding the rights of the criminal suspects, as well as the proper exercising of the investigation and interrogation power.