The Testimony Of Investigating Authorities Facing Problems

Deposition is a kind of important evidence in the criminal procedure of our country at present. For the investigative organs, the position of deposition is more important, because during the course of investigating, deposition not only is a direct evidence of verifying the crime, but also is an important clue of looking for other evidences. We can say that it still suffers from serious " the disease of relying on deposition " for contemporary Chinese investigative organs. In order to obtain deposition, the investigative organs often adopt the method of sudden summoning suspect to court, then sealed interrogating, and the criminal policy, contradiction in the suspect's deposition, evidence, compulsory measures, etc. these are often utilized to exert the psychological impact on the criminal suspects in interrogating, in order to impel suspects to state one's own crime. But with the suspect's own protection consciousness enhancement and it is strengthened in the Criminal Procedure Law for protection of suspect's human rights day by day, the investigative organs are facing the challenge on deposition that it is more difficult to obtain deposition and it makes deposition unable to adopt in the court's trial because the voluntary of deposition is queried. Regard the case of embezzlement and bribery which is relatively high to rely on deposition as the visual angle , through analysing the main reason why the investigative organs rely on deposition in the judicial practice at present ,the author point out in this thesis, besides the reason of the investigative organ's own judicial idea and its working way, the investigative organs are also restricted by the external factor. Such as the complicated environment of handling a case, limited investigation resource and investigative right can not be got, it relies on deposition seriously in the criminal legislation and criminal justice for proving the crime, etc. it is difficult to get rid of deposition and change the mode of investigating. The investigative organs are facing the contradiction between the society demands the investigation organ to change the mode of investigation specializing in obtaining deposition and the investigative organs is limited to one's own and external factor is difficult to change. This is what this thesis will point out the deposition problem which the organ faces. All can't be given up to attack the crime and protect human rights in contemporary judicial activity. To make these two judicialgoals both realized, the author think we must start with at the same time through five following respects: (1) Through guaranteeing this value standard of the voluntary of deposition, making the method which should be forbidden in subdivision clearly, setting up the exclusionary rules of the oral evidence obtained illegally to make the method to interrogate standardize. (2) Through the lawyer participates in the criminal procedure, setting up a system that record and video simultaneously while interrogating to strengthen the supervision to course of interrogating. (3 ) Through gaining deposition in order to tell the truth and will receive a lighter sentence, impelling suspects to explain in exceptional way of silence right to set up a system that impel suspects to state. (4) Through guaranteeing to investigate right to implement effectively, national institutional improvement of preventing and attacking committing crime to strengthen the ability of the investigative organs obtain other evidences beyond stating. (5) Through adopting means and standards of proof of presumption, free evaluation of evidence, conviction intime, system of changing burden of proof to change relevant methods to rely on deposition. The author emphasizes finally it need the common transitions of the investigative organs and legislating, administration of justice and even the whole society, in order to realize the investigative organs change the investigation mode relying on deposition.