On The Prosecution About The Supervision Of Interrogation

Interrogation behavior of legal and justice is the embodiment of the national judicial justice, and punishing crime, protecting the people, safeguard the legal rights of the parties. Recently, frequent misjudged cases caused by the investigation of illegal interrogation, the phenomenon of serious human rights abuses, it caused social widespread attention, the procuratorial supervision function and effect of thinking. Face up to the interrogation of illegal phenomenon in the judicial practice, seeking truth from facts to analyze the cause of the procuratorial supervision weakening, based on this, advances the idea of a sound and perfect the supervision mechanism of criminal investigation, has important practical significance.Two big legal system country criminal procedure law sets up a series of rules for interrogation procedures and interrogation methods, the lowest standard is the ban on torture.Procuratorial organs of investigation interrogation supervision includes the supervision of investigation interrogation methods of investigation and interrogation procedure of supervision. The key point is whether to torture and other laws prohibiting illegal methods or not-whether interrogation process a serious violation of legal procedures or not. China’s procuratorial supervision on legislation has experienced a process of constantly improve, illegal evidence exclusion rule into law, the procuratorial organs on the basis of investigation of interrogation supervision more enough, on the one hand, to prevent being, ensure judicial justice; On the other hand also to safeguard the legitimate rights of criminal suspects and ensure human rights.At present, the legislative status quo of procuratorial organs to supervise the investigation of interrogation is shown as:program isn’t specific provisions, prohibitive provisions stated general, supervision lag and lack of rigidity; Judicial status of procuratorial organs to supervise the investigation of interrogation is shown as:careful outside channel is narrow, supervision, the current investigation supervision system is not sound and so on. Aimed at the status quo, strengthen the supervision of procuratorial organ for investigation of interrogation first to perfect the legislation of investigation interrogation supervision; Second, to establish relevant supervision mechanism, including set up the mechanism of the complaint investigation and information platform, improve the supervision mechanism, establishing the integration of the illegal evidence collection behavior work mechanism and scientific evaluation mechanism, etc. Once again, to perfect the work mechanism of related, such as set up to carry out the investigation and discrete system; Establish outside lawyer present careful system, to strengthen the supervision of lift audits, and so on.