The Perspective Of Procedural Justice Investigation Interrogation Problem Research

Procedural Justice Theory is a basic concept of modern litigation. This article will take empirical research method to study Investigation and Interrogation system in the perspective of Procedural Justice Theory. Firstly, this paper will expound the requirements what Procedural Justice Theory proposed for Investigation and Interrogation system, including the principle of neutrality, the principle of equality, the procedure of participation, and the procedure of the public. Secondly, this paper will undertake field investigations of criminal investigation system with questionnaire and interview in Shuozhou City. From the perspective of criminal police, the criminal suspect and the lawyer, we could comprehensively analysis the gaps between Interrogation system in practice and proposed requirements of Procedural Justice Theory, for instance, blurred concepts of summon by warrant and calling, no clear rules about interrogating criminal suspects who are not sent to detention centre yet. Thirdly, this paper will combine both theories and practice situations, to discuss the reasons why gaps exist in Investigation and Interrogation system, to find out sticking points in China, and to perfect and optimize ways of Investigation and Interrogation programme. Finally, this article based on the feasible approach for outside investigation interrogation program guide, with procedural justice concept as the guide, put forward to change by the certificate for the original pattern, strengthen investigation supervision, establishing the system of right of lawyer present, standard sound recording or video recording, perfecting the regulating the behavior of interrogation, interrogation program makes the investigation of interrogation system meets the requirement of procedural justice concept.