A Legal Economic Analysis Of The Investigation And Interrogation System

Interrogation has a very significant positon in criminal proceedings.Recently,many wrongly-charged cases are cause for concern,such as “SHE Xiang-lin case”,“DU Pei wu case”,“ZHAO Zuo hai case”,“HUGE ji le tu rape case”,etc.In these cases,the innocents were put into prison for many years because of the unjust charge,but the real criminals are still at large.What is more,the innocents were all involuntary to acknowledge a crime because the police had taken torture during the interrogation process,thus it can be seen that the criminal suspects' basic rights are not guaranteed.As far as I am concerned,the fundamental cause of these unjust cases lies in Chinese interrogation system.In order to get criminal confessions,investigators would like to pursue efficiency rather than to follow the rule during the investigation and interrogation.These behaviors not only hurt the innocents' interests,but also touch the Chinese interrogation system.It is not just increases the cost of interrogation,but increases the cost of the whole criminal procedure,then it ultimately causes people do not believe the rule of law in China.The paper's research scope is not limited to a single session of interrogation,but uses the interrogation as a starting point,looking at the whole criminal proceedings,it utilizes the law economic analysis method to explore the whole criminal proceedings and analyzes the interrogation bring cost and benefit to the whole criminal proceedings,finally analyzing how to improve interrogation legislation with law economic analysis.This paper is to discuss the disadvantage of Chinese interrogation system in clear laws or even in judicial practice through the present situation of Chinese interrogation system.However,it also gives some suggestions to legislation from a new legal economic point and finally uses the economic analysis of law to perfect interrogation system construction.The innovation point of this paper is that the paper uses economic analysis of law to analyze the Chinese interrogation system and give suggestions to build the principle of interrogation.On the other hand,this paper focus on the whole criminal proceedings.There were few papers to look at interrogation system with economic analysis of law,most of them start with criminal procedure law or the law of evidence without considering jurisprudence and philosophy of law.Legal economics,as the secondary discipline of law,providing scientific method and guiding principle to theconstruction of interrogation system.Starting with this point,we could point out the direction for the legislation of interrogation system.