On The Rule Of Law In The Investigation Procedure

Interrogation is to obtain and fix criminal suspects' confession, which is the important process of investigation and in a pivotal position in the criminal proceedings. At the same time, due to secrecy and closeness of investigation, interrogation is most likely to happen human rights violations.In recent years, though interrogation in China has got some improvement, but still has a lot of shortcomings in protection of human rights. The main performancesarethatwe don't really put an end to torture and other illegal behaviors of collecting evidence, and the suspects do not enjoy the right to silence, and lawyers do not play improtantrolesin interrogation, and so on. The reasons are complex, the essence of which is that the accused person's subjective status is not really be established. What's more, criminal procedure has attached too much importance to fight crime, which doesn't achieve modernization transformation.Interrogation existing many defects makesitslegalization imperative. The legalization of interrogationis the inevitable requirement for banning torture and other illegal behaviors of collecting evidence, and preventing wrong cases. It also the requirement for enhancing capacity of discovering the truth and improving the level of human rights protection of criminal proceedings, which is unavoidable.Promoting the reform of trial-centered criminal justice system must focus on the legalization of interrogation, not only protecting human rights but also limiting powers.Promoting the transformation of criminal evidence system and seting up scientific proof mechanismalso need interrogation to reform accordingly.According to outside experience, both interrogation of adversarialsystem and interrogation of inquisitorial system have strengthened the guarantee of basic human rights of criminal suspects. But because of different legal culture and legal tradition, the reform of interrogation presents some different characteristics, which are closely related to their respective patterns of criminal proceedings. On measures to curb torture and other illegal behaviors of collecting evidence, the Civil Law countries focus on the internal supervision and disciplinary sanctions, while the Common law countries focus on excluding illegal confession to frighten the police.But for all countries, with all roads leading to Rome, harms to the procedural justice, civilization and the rule of law by torture are no longer tolerated.The reform for legalization of interrogation shall be carried out comprehensivelyon several aspects. First, interrogation needs to realize approximate balance of punishing crime and protecting human rights in general. Second, the right againstself-incrimination should be achieved substantively, and the right to silence should be givento criminal suspects, and the obligation to answer truthfully should be cancelled, the system of lawyers participating interrogation should be established. Third, we should strictly implement the sound recording and video recording system and exclusionary rules of illegal evidence. Fourth, we should strengthen the judicial supervision for interrogation and limit the unbridled exercise of investigation power. Fifth, we should accelerate the neutralization of jail and establish visitor inspection system of detention. Sixth, we should update the investigation concept, and improve overall quality and ability of the police.