Discussion On The Location And Improvement Of China's Police Interrogation Procedures

In China's criminal proceedings, before the case entering the court adjudication, the right of investigation and evidence collection is placed under the investigation power, mainly exercised by the national public security organs or the procuratorial organ s in particular instance. In addition to the investigation power, the public security organs also have a vital right, that is, the right of interrogation and check. The right of interrogation and check is exercised by the public security organs, but it is put in the administrative laws and regulations, such as the Law of Police, which belongs to the administrative right, not the criminal procedure law.But in view of its start and operation, it is closely related to the criminal procedure law. However, due to the carelessness and cohesion disorder among department laws, the right in practice is in conflict with the relative regulations in the criminal procedure law. Because of the same effect of collecting evidences, the administrative law is often abused by the relative offices. The investigation power is questioned in legislation and execution. From the point of nature, the interrogation and the criminal investigation measures in criminal proceedings should be neither confused nor replaced each other.The right of police interrogation and check is not unique to our country law. Even if there are some differences between Anglo-American law system and continental law system, the right of police interrogation and check should be given to the police as an important power to prevent and fight crimes. Meanwhile, these two law system adopt different kinds of measures to regulate the implement of the interrogation from the aspects of interrogation start, objects, duration, scope and strength, etc. It is to avoid exercising improper public power and infringing citizen's legal right.In view of these, we should analyze and referent the legislative regulation and relative stipulation of the interrogation institution in the two foreign law system. From the perspective of the criminal procedure law and the cohesion between the criminal law and the administrative law, we should clarify the boundaries of the interrogation, summon by warrant, investigation and other relative notions so that we could combine this two foreign law system, analyze existing legislative defects and application blanks, clarify the boundary and offer a new research thinking and theoretical suggestions for the reform and improvement of interrogation right. It is a kind of important think path to explore the reform and improvements of the investigation right and the cohesions between interrogation system in administrative law and the detection regulations in criminal procedure law.