The Improvement Of The Theory Of Investigation Of Interrogation System In China

Investigation and interrogation system is based on investigation and interrogationactivities to adjust the object. Made a further improvement of the new Code of CriminalProcedure, the relevant provisions of the stage of investigation and interrogation, but, due tothe traditional system of investigation and interrogation profound impact on our practice inthe investigation and interrogation activities, is still extremely stressed confessions will getsuspects confession as to solve the case is the most direct and economical, the most importantmeans. In the investigation stage, the interrogation is conducted in secret, the lack of externalforce supervision right system and the presence of a lawyer, the right to silence and our lackof protection of the rights of suspects system, a serious imbalance in the powers ofinvestigation and the rights of suspects, leading to the suspect’s rights have been violatedphenomena have occurred. For the application of the new development of the society, basedon the criminal proceedings to punish crimes and to protect both the concept of human rights,the Criminal Procedure Law amendment of investigation and interrogation system perfect,However, there is still a sad place.The exposition is divided into four parts and draw onadvanced learning the system abroad, under the specific national conditions improve andperfect the system of investigation and interrogation.The first part of the investigation and interrogation system Overview. The features andfunctions of the concept of investigation and interrogation, investigation and interrogationsystem concept, the history of the development of the system of investigation andinterrogation, investigation and interrogation elaborate, intended to illustrate the function andimportance of the investigation and interrogation system.The second part of our investigation and interrogation system deficiencies. Imbalance inthe system of investigation and interrogation supporting our investigation "powers" suspects"rights" is not perfect, imperfect elaborate system of investigation and interrogationsupervision.The third part, foreign investigation and interrogation system research. Discusses Rightto Silence System of the United States, Britain and other advanced countries, the presence ofa lawyer right system, audio and video recording system, the system of illegal evidenceexclusion. The fourth part, combined with China’s specific national conditions, the right to silencesystem, the presence of a lawyer right system, audio and video recording system, the evidencesystem and the investigation and interrogation supporting supervisory system, the author’shumble opinion.