On Building Of Modern Criminal Investigation Interrogation System

"Interrogation of criminal suspects" is an important investigation method and means of obtaining evidences and clues in the investigation stage of criminal procedures, it is also vital in revealing and proving crimes. It has been widely acknowledged by many countries. Due to major defects in the design of criminal procedures, as well as biases in law enforcement, attitudes of investigators and deficiencies of its guarding measures, the criminal procedures in China has experienced many serious problems. For example, because in lack of an established code of conduct, suspects are often restricted to have access to their informed rights; with regard to legal assistance, due to very limited involvement of solicitors in criminal procedures it is very hard for suspects to obtain the legal aids they need; In the area of controlling interrogation methods by force, the existing guidelines are too ambiguous without providing much details such as specification of the interval and the venue of interrogation, and its result validation; With regard to judicial control of interrogation processes, currently it is relying on internal regulations of the investigation organ and some surveillance laws set by the prosecution organ. The judicial control of interrogation procedures has been ineffective. There has also been a lack of relevant legislative regulations about the removal of illegal evidence. In practice there has been no warranty to the rights of "suspect voluntary statement".In connection with occurrences of extorting a confession by torture despite repeated prohibition in practice, the revision of＜＜Criminal Procedure Law? in China should set its foundation on the country's unique situation, and actively use those positive experiences and lessons learned by other countries as a reference, in order to enforce surveillance and restriction to the rights of interrogation. A scientific approach should be taken in designing the steps in obtaining oral confession and its application during interrogation proceedings, so that the abuse of suspects by the interrogators can be prevented. Hence the establishment of a modern interrogation system in China should conform to the principles of using both public and secretive means in combination, interrogation by law, forbidding interrogation without suspect's consent, extorting a confession by torture, or indiscriminating oral confessions. By regulating interrogation activities with established procedures, inappropriate use of national public power can be restricted, and justice in interrogation procedures can be embodied. On such basis, the following guarding measures can also be taken in order to realize the twofold goal of "combat crime and safeguard human rights" in criminal investigation procedures in China: (1) Establish litigant procedure rights informing procedures; (2) Improve legal assistance system; (3) Strengthen the rules about the removal of illegal oral confession;(4) Adopt the "Sunny Interrogation" methods;(5) Separate the place of custody from the investigation organs;(6) Restore the isolation mechanism between criminal preliminary hearing procedure and investigation.