A Study On The Procedures Of Interrogating Criminal Suspects In The Stage Of Examination And Approval Of Arrest

The interrogation of criminal suspects in the stage of examination and approval of arrest, matters the protection of the rights of criminal suspects and the realization of China criminal procedure justice. This article is based on China’s current criminal procedure law and relevant judicial interpretation provisions on examination and approval of arrest stage interrogating a criminal suspect. This paper adopts empirical research method to explore the specific circumstances of the execution of the system of procuratorial organs and analysis and summary the achievements and problems. Finally, put forward the suggestion of perfecting.Besides the preface and conclusion, the whole article is divided into three parts:The first part is the Interpretation of review of arrest stage interrogation of a criminal suspect system. The purpose of review of arrest stage interrogation of a criminal suspect is to safeguard the legitimate rights and interests of the criminal suspects, to supervise the act of investigation. The article thinks that the criminal procedure law amended 12 years formally put the review of arrest interrogation of a criminal suspect system into law. Specific performance is as follows: It not only conforms to the requirements of due process of law, but also reflects the guarantee of human rights in Criminal Procedure Law of our country. It is advantageous to fulfill the responsibilities of legal supervision of procuratorial organ.It is an important measure to the judicial reform of arrest system. In addition; it has obvious differences with Investigation and interrogation in purpose, methods and so on.The second part is the Analysis of the implementation of review of arrest stage interrogation of a criminal suspect. This article through the specific analysis of the scope of interrogation in practice, the specific circumstances of pre inquest readiness and interrogation, evaluates the practice. The article thinks that review of arrest stage interrogation of a criminal suspect working not only has merit, but also shortcomings. The causes of this problem are not only related to the system itself, but also the prosecutor’s subjective factors.The third part is the Improvement suggestions. The article thinks that it can improve from the following five aspects: Firstly, we should strengthen the concept of human rights protection; Secondly, we should be rational allocation of prosecutorial resources; thirdly, carrying out "each case interrogation system"; finally, regulating the interrogation.