China's Reform Of Interrogation Of Criminal Suspects

Interrogating criminal suspect is a necessary process in the procedure of investigation, is also the one of the most important detection behaviors. The author's writing purpose is using the comparative analysis method to study our country's interrogating criminal suspect institution, basing ourselves on China's realities, and using the experience of other countries and prefecture for reference to reform the interrogating criminal suspect institution.In addition to the preface and conclusion, the full text is total divided into four parts:The first part is the outline of the interrogating criminal suspect institution. Interrogating criminal suspect is a litigation behavior that the detectives interrogate the criminal suspects taking a phrase method to verify the case fact and other related situations. Generally, the function of interrogating criminal suspect is: 1.Gaining the investigation clue. 2. Obtaining the crime evidence. 3. Protecting the innocence. The character of our country's interrogating criminal suspect institution is that the authority disposition is not balance, the obvious compulsory and the obvious closeness. The concrete manifestation is that: 1.The detectives grasp the controlling rights of the time, place and the way of the interrogating. The detection institution has all the powers of decision-making of coercive measure besides arrest. The suspect can only endure detectives' inquiring passively. The law had not stipulated the right of "not compulsory self-mcrimination". The law also not stipulated that the right of silence. The suspects cannot protect themselves effectively in the inquiring process. 2. The 93rd clause of our country's criminal procedure law stipulates is that the suspect should reply the questions of the detectives truthfully. 3. The process of the inquiring lack the essential surveillance measure.The second part is the analysis of the problems and reasons of the interrogating criminal suspect institution in our country. The main problems of the interrogating criminal suspect institution is that: 1. The suspect's protection of our country's legislation is insufficient. Although our country law is consummating unceasingly, in reality, as a result of legislation rules' inconvenient operation, the rights of the suspects is not very good to realized. Moreover, for stressing the attacking function of the criminal procedure law, our country's legislations are not stipulated the right of silence, and the right of presence which are acknowledged by the world. 2. The non-arbitrary confession by the torture exists in the process of inquiring. In reality, after the detection institution has had certain crime clue, they inquired the suspects immediately, then, they collected other evidence again talcing the suspect's declaration as the clue. In order to obtain the suspect's statement, they resorted to all means that causes the suspect person casualties the malignant event sometimes occur. 3. The feasibility of the illegal evidence elimination system is bad, causing the removing of the illegal evidence with difficulty, also lacks the overseeing of the office of the public prosecutor. The existence of problem in our country's inquiring procedure is mainly created by the following several reason: 1. Right protection consciousness sometimes causes the infringement of the suspects' rights. Based on the idea of considering the suspect as the method of finding the truth, the detectives treated the suspect crudely, extortion of confession by torture occurred frequently. 2. The flaw of the safeguard of the suspects causes the using torture to coerce a statement. Specifically speaking, the lacking of the silence right system easily cause gaining the non-haphazardness oral confession, the partial cases to lack inquires the recording video recording system easy to cause attorney who extortion of confession by torture, lacks the consummation to help the system to cause the suspect right to safeguard as well as to inquire the process monitoring system with difficulty not to be imperfect causes to inquire the authority dissimilation.The third part is the analysis of the necessity of the interrogating criminal suspect institution. The necessity of the reforming manifests in the following several aspects: 1. The reform of the interrogating criminal suspect institution can enhance the grade of the human rights' protection. Our country's current interrogating criminal suspect institution can not be able to prevent the overtime detention, is also unable to ensure the voluntarily and the stability of the "declares in a confession guilty", even can not ensure the inquired person's rights. We should improve the interrogating criminal suspect procedure to guarantee the threshold defense right. 2. The reform of the interrogating criminal suspect institution can enhance the efficiency of the criminal procedure. 3. The reform of the interrogating criminal suspect institution is the inevitable request of the adaptation of the international criminal activity criterion.The fourth part is the presumption of the reform of the interrogating criminal suspect institution. It consists of two parts: the idea innovation and the system innovation. The idea innovation aspect requests: Second, enhance the consciousness of right protection. Third, strengthen the consciousness of the procedure consciousness. The system innovation includes: First, establish reasonable the way, time and place of the interrogation. Second, establish the rights of silence system which suits our country's national condition. Third, consummate the sound recording and video recording system in the process of the interrogating criminal suspect. Fourth, consummate the system of attorney help. Fifth, consummates the confession illegally obtained rule.