Study On The Problem Of The Duty Crime Interrogation Time

The duty crime investigation and interrogation as the core of the crime investigation in the duty crime investigation activities is the key to success. The statutory time limit for our country's duty crime investigation and interrogation of the longest time is 24 hours, but the legal position in the investigation practice, criminal investigation and interrogation in general for a few days or even longer, there is a huge gap between the law and practice, the duty crime investigation and interrogation timeout problem has plagued investigators, investigation objects and their families, a long time has not been effectively resolved, this problem has damaged the image of the procuratorial organs of justice, human rights violations, resulting in frequent safety accidents, and ultimately undermine the legal order and the authority of law. Law enforcement activities of the procuratorial organ itself represents the authority of the law, but the law enforcement authorities do not comply with the legal provisions of the act, will cause the method The disorder of the law and the decline of the authority of the law.Through a lot of empirical research and reading a lot of literature, analysis of the reason of duty crime investigation will exceed the statutory time limit for questioning, because of a lack of duty crime investigation, investigation measures a single, Chinese special verification mode, the procuratorial organs internal evaluation function, the expression of criminal investigation power, caused by the sanctions the lack of other reasons, this is the lack of legal provisions, the reality also has the right to investigate to achieve the goal of handling the helpless, but the most fundamental or value in social reality under the selection factors, under the condition of limited resources, is the choice of the maximum combat crime, or to maximize the protection of human rights. In a variety of conditions, particularly in the case of limited resources, crime control and human rights protection is the two this shift in the relationship.The investigation organ is in sharp conflict in the substantive and legal procedures of the case, chose to break through legal procedures to combat crime, the defects of the system, but also the reality of the helpless. Causes of the problems caused by the analysis, combined with the reality of the factors, that there is no change in other conditions, laws and regulations the time limit is basically unable to complete the handling of target, should be the first from the legal level to extend the interrogation time. And then increased from investigative measures, the balance of power, that of changing the mode of a number of measures, from the solutions to the problem of torture to extract confessions from the analysis of the cost of the investigation, and the investigation proceeds, think in under the condition of increasing the super newsletter ask the investigation cost, take the benefit as the guidance, to reasonable regulation of investigation behavior, and finally solve the problem.