Investigation and interrogation as one of the investigation organ important investigative techniques, for a long time has been in our country’s investigation agencies seized clues, to obtain confessions of an important way; However, with the integration of Chinese and western legal culture idea and the progress of science and technology, especially the rise of the concept of human rights, the disadvantages of traditional procedure of investigation and interrogation mode presents more and more criticism. In terms of mode, the current our country the investigation and interrogation procedures belong to the "official" procedure of investigation and interrogation mode. In this mode, the litigation status of the investigation organ and the suspects are not equal, the investigating authorities too much emphasis on the value of the results of examination, neglect procedural value interrogation; too much emphasis on the collection of crime clues, suspects neglect protection of human rights crimes. Although in 2012 the newly revised "Code of Criminal Procedure" Interrogation procedures were improved, but did not change the pattern of the current mode. This paper attempts to reconstruct the Investigation and Interrogation program mode as the center point to the modern concept of the investigation to support, build a new model in Investigation and Interrogation program on the basis of the existing legal system. The basic idea of the article is as follows:The first part is an overview of the procedure of Investigation and Interrogation mode. Tring to define the mode of interrogation procedure, and probes into the classification of the procedure mode of the investigation and interrogation under the achievement of the predecessors’ research theory. Under the theory of predecessors research results at the same time, discusses the classification of investigative interrogation program mode. Different investigation interrogation program mode, presents the relationship between the main body is also different, by analyzing the investigation organ, court organs,inspection organs, the relationship between the criminal suspects, defendants, can essentially judge investigation interrogation program mode of litigation between different main body status.The second part is the pattern of the investigative interrogation procedure in our country. This part is mainly through the investigation organ and courts organs,inspection organs, criminal suspects and defendants role of our investigation and interrogation program mode of "four-dimensional" angular positioning;positioning at the same time, summed up the characteristics of our country the procedure of investigation and interrogation mode and the presence of defects.The third part is the investigation of the procedure mode of the investigation of the foreign countries. The main part of the civil law countries and Investigative Interrogation mode common law countries, were also studied by the State Investigation and Interrogation Program mode extraterritorial investigation, Through the study of foreign countries the procedure of investigation and interrogation mode, learning foreign investigation and interrogation procedures in the construction of the advantages of can, and aware of our interrogation program construction, provide reference for construction of "adversarial" procedure of investigation and interrogation mode.The fourth part is to build a "adversarial" Investigation and Interrogation Program Mode. Construction of Investigation and Interrogation Program mode, the need for investigation idea support and the guidance of the principles. Investigation philosophy is the ideological foundation to build a new model of Investigation and Interrogation Program, it is to build equal rights, protection of human rights, due process and other ideas and questioning by law, the prohibition of torture, moderate openness into one, this argument based is the existing legal system and rules, these systems exist so that we have the change the mode of investigation and interrogation procedures necessary conditions.The fifth part is the path of the construction of the model of "defense" interrogation procedure. Building a new model need to reshape the interrogation program structure, the author thinks that the "adversarial" interrogation procedure the main mode of investigation will interrogate the proceedings, construction of "triangle structure" procedural framework. The improvement of lawsuit status of crime suspects in the interrogation, this needs to put forward more specific path of construction, such as the establishment of silence right system, program of defense system, procedural sanction system, the establishment of these systems will make "adversarial" procedure of investigation and interrogation mode in order to truly establish to really make a difference to the disadvantages existing in the current mode. |