The Cases Study Of The Criminal Interrogation In China

Interrogation plays an important role to find out the fact, gain the confession, and collect other relevant evidences.The success of interrogation depends on many factors such as the interrogation subject, time, location, environment, methods and so on. In our country, the investigative organization always take the guilty confession as the core of detecting a criminal case, but has many problems in the concrete implementation. In the present, the interrogation system of our country need to reform. Reform is the basis of the development of interrogation theory, system, and practice.This paper has collected 78 criminal cases in order to study the interrogation record and the video recording. Through analysis these cases this paper find that the interrogation in China exist the following four problems mainly.First, non-standardization of the first interrogation. The success of first interrogation has great significance for the interrogation. There are some reasons which lead to the non-standardization of the first interrogation like the unpractical notification procedure for the suspect, the inadequate preparation, unreasonable choice of the start time, and the logic confusion of the interrogation content.Second, continuous interrogation with legality on the surface. Because the interrogation personnel has the discretion to the number of interrogation, start-stop time, and the interval time of interrogation, so they always gain the guilty confession through continuous interrogation. But it has little impact even damage the voluntary of confession.Third, mechanical interrogation. The content of interrogation of our country has the following problems like have a fixed model of Q&A structure, multiple replication of the interrogation content, and the uni-vocal interrogation method. These problems can not help to achieve the interrogation purposes and may lead to the useless interrogation.Forth, illegal interrogation. In order to gain the guilty confession, some inquest personnel use illegal interrogation like torture, inducement, and gruel-ling trial which lead to many injustices. In addition, another expression of illegal interrogation is that put questions to the suspect which break the principle of innocent presumption.These problems may lead to the useless of interrogation.The causes of problems include the impact of confession worship, the backward personnel training philosophy, the lack of interrogation system, and the backward of interrogation techniques. In order to solve these problems, we should reform from the aspects of concept, system and technology. (1), Reflect the confession worship, and establish scientific evidence sense. (2),Cultivating excellent interrogation personnel, (3), perfecting the rule of interrogation law. (4), Enhancing the level of interrogation techniques. The only way to achieve the procedure and entity justice of interrogation is just reform the interrogation system.