Regulations To Language In Investigative Evidence Obtaining

Currently in Our country, confession is still playing an important role in the conviction and sentencing in criminal proceedings. Police interview is still the main part of the investigation procedure. However, most of the wrongful cases have a direct relationship with the anomie of investigation power in interrogation procedure. Police interrogation mainly relies on language; besides the use of violence, torture and illegal interrogation techniques, the abuse of institutional power of discourse, the improper use of language in evidence obtaining is also violation to human rights of the interviewee, which leads to miscarriage of justice.The Third Degree as a kind of explicit illegal action has attracted widespread attention in both academic research and law practice. In this thesis, I select interrogative language, especially implicit improper languages in evidence obtaining to do research, analyze its manifestation and causes, both traced from public power expansion and language generation mechanisms. On such basis, I propose principles of regulating the language of evidence obtaining from the aspects of both legal theory and linguistics. And then construct regulations to language in evidence obtaining under the guidance of these principles, such as close and open questioning, discourse interruption, use of presupposition, repeat and formulation, leading questions and directive speech act.China’s current study mostly stays in simple use of investigative tactics or purely linguistic level of analysis, but lack of the use of linguistics theory analysis in the research of investigative interrogation language. This study uses literature review, comparative analysis, empirical studies and other research methods, integrate Law and linguistics theory, converge jurisprudence and linguistic in the research of evidence obtaining language, thus to make up the lack of language study in legal research, and provide a more comprehensive perspective for the protection of human rights in criminal proceedings. In the meantime, propose the regulations of evidence obtaining language and transform theoretical research into concrete language specification, to provide legitimate and effective guidance for investigators in evidence obtaining and avoid illegal anomie, so as to achieve the dual purpose of protection of human rights and crime control.There are totally5Chapters in this thesis. Chapter1describes the investigative forensic norms and the protection of human rights theory, points out that the evidence obtaining language takes an important position in the investigation stage and the whole criminal proceedings; Chapter2analyzes the domestic and international regulations to language in evidence obtaining in legislative and Research; Chapter3proposes the expansion of investigative power as the cause of improper language usage; Chapter4proposes the direction of language regulation from the guidance concept, the principles of law, and the principles of linguistic theory. Chapter5proposes the constructive regulations to languages of evidence obtaining on the basis of the preceding part of the text.