The Studying Of Balance Of Rights And Powers In Investigative Interrogation Procedure

In criminal procedure,the investigative interrogation procedure have a very important position,especially for the criminal suspect,where he directly face the investigative power.At the same time,for investigation departments,the investigative interrogation process has a crucial and even decisive significance for the detection of criminal cases.However,because the participants in investigative interrogation procedure have different roles,the two sides have conflicts of interest.In China,the present situation of the investigative interrogation procedure is that one side of the participants in investigative interrogation procedure,the investigation department,is extremely powerful when it exercise investigative power,but the other side of the participants,the criminal suspect,is in a passive position.In other words,the structure of rights and powers is in an unbalanced state,and that is called the imbalance of powers and rights in the investigative interrogation procedure.The result of this imbalance is investigative powers can easily be abused and then cases of injustice occur frequently because of the suspect to the lack of safeguards for human rights.So the purpose of this article is to better achieve the purpose of criminal procedure which is punishing crime and protection of human rights by making the unbalanced structure of rights and powers in investigative interrogation procedure to achieve balanced state.Content of the article is divided into the following seven sections to discuss this issue.The first part is introduction,and this part puts forward to apply the theory for reference in investigative interrogation procedure mainly through the analysis of the theory of the balance of power in the constitution.That is to say,by the use of these two means of the balance of right restricting power or power restricting power we can realize the balance of powers and rights in investigative interrogation procedure.The second part summarizes the balance of powers and rights in investigative interrogation procedure,and mainly clears the concept and nature of investigative interrogation.At the same time,it illustrates the basic principles and concept of the investigative interrogation procedure,the structure of powers and rights and the meaning of the balance of powers and rights.The third part briefly studies legislation of extraterritorial countries about the balance of powers and rights in investigative interrogation procedure.There are some representative countries,such as the United Kingdom,United States which are in Common law and Germany,Italy,France which are in Civil law.The fourth part analyzes the value of improving the balance between powers and rights in investigative interrogation procedure,and that is it helps to achieve equal position between prosecution and defense in investigative interrogation procedure,realize procedural justice in order to protect human rights and achieve substantive justice in order to better punish criminals.The fifth part introduces the present situation of the imbalance between powers and rights in investigative interrogation procedure by some data and typical cases and analyzes the reason for this situation.The sixth part the main contents of the article,elaborates how to realize the balance between powers and rights in investigative interrogation procedure and proposes some legislative suggestions for improvement.The first half is the system of right restricting power,specifically including right of silence,right to the presence of a lawyer,right to audio and video recording,and other investigative rights on investigative interrogation time,investigative interrogation location and investigative interrogation manner.The latter half is the system of power restricting power.The powers include judicial power and executive power and there is the internal balance of powers of investigation as well.The seventh part is the concluding remarks of the article,and the author pointed out in this part we are still facing two problems although we may realize the balance between powers and rights in investigative interrogation procedure.The first problem is we should strengthen investigation departments’ability to collection of physical evidence;The other problem is we should improve our overall level of the rule of law.