Research On Leading Question In The Investigation Procedure

Article 50 of the "Criminal Procedure Law" in China prohibits investigators from using methods of inducement in obtaining verbal evidence.According to this provision,leading questioning is also prohibited as a method of inducement.Many countries outside the domain have tolerated the use of inquisitive interrogation tactics to obtain verbal evidence in the interrogation process,and set certain criteria for the verbal evidence obtained through such interrogation strategies.Later,according to these standards,investigative investigations are conducted.The Supreme People's Court of China and the Supreme People's Procuratorate stipulated leading questions in their judicial interpretations,but the standards were not uniform,and the contents of the relevant regulations were either too rude or unreasonable,and the operability was not strong.At the same time,the academic circles have less research on the leading questioning in the investigation procedure,and there is also chaos in the judicial practice due to the lack of relevant rules.Therefore,it is imperative to build inductive questioning rules in the investigation process.In addition to the introduction and conclusion,this article is divided into four parts:The first part mainly introduces the basic theory of leading questioning in the investigation procedure.Specifically,it mainly includes the meaning and characteristics of leading questioning in investigations,inductive questioning,the concept of “baiting” in China's “Criminal Procedure Law” and the concept of referential provision in judicial practice,and the common types of leading questions in investigation practice.In addition,it also introduces the meaning of leading questioning rules in the investigation procedure and the significance of leading questioning rules in the investigation procedure.The second part introduces the extraterritorial development of leading questions in the investigation process.It mainly deals with the regulation of leading questions in the criminal procedure laws of the four countries of Britain,the United States,Germany and Japan.The specific content involves the inductively questioned legislation(statutory law and case law)regulation in the investigation process,the relevant theoretical research on the leading questioning in the investigation process,and the operation of related supporting measures in the academic circles.The third part mainly analyzes the problem of the leading question of investigators in the investigation procedure in our country.Specifically,it analyzes the legitimacy of the leadingquestioning and the truthfulness of the statement from the investigation procedure.First,because not all inductive questions will damage the willingness of the respondent's statement,the nature of the investigation and questioning has natural conflicts,the nature of the confrontation,and the limitations of investigative techniques.,the state must balance the victim and the law-abiding citizens and alleged crimes determine the legitimacy of the investigator's inquisitiveness in obtaining verbal evidence.Second,not all leading questions will affect the authenticity of the statement,and it also determines that the leading questioning in the investigation should have a certain degree of tolerance.The fourth part puts forward the overall conception of establishing leading questioning rules in the investigation procedure in our country.This section first pointed out the problems in our country's legislation regarding the irrationality of leading questioning in investigations and the use of leading questions in judicial practice.After analyzing these issues,it puts forward specific ideas for setting up leading questioning rules in China's investigation procedure in legislation.The main content is to stipulate the standards that investigators need to follow for inductive questioning,and the induction of permission and prohibition.Of course,the premise is to clarify the concepts and categories of enticement and leading questioning in legislation.In order to ensure the good operation of the leading questioning rules in the investigation procedure,a series of safeguard measures must also be established,including the establishment of the presumption of innocence during the interrogation of investigators,and the negative consequences for the investigators in conducting improperly leading questions,indicative responsibility of the leading questioning rules and proof standards are clarified,and the scope of application of the whole audio and video recording of the investigation is extended,and some guiding cases concerning the presence of lawyers in the process of investigating and interrogating criminal suspects,issuing and leading questions in investigations,etc.