Study On The Protection Of Relative Rights And Interests On The Spot

As a common means to carry out law-enforcement activities by public security organs,on-site examination and interrogation undertakes the dual tasks of “safeguarding public security” and “preventing,discovering and controlling illegal and criminal activities”.It is widely used in social security administration as well as investigation and penalty of various criminal cases during law-enforcement practice.It plays an important role in preventing and combating illegal criminal activities and maintaining the stability of social order.However,on-site examination and interrogation is also a double-edged sword as a public authority of the government.It is also an indisputable fact that the events like legitimate rights and interests of the counterpart infringed by illegal interrogation and infringement occurs from time to time.Therefore,comprehensively and systematically regulating the public security organs' right of on-site examination and interrogation is of great significance to protect the lawful rights and interests of citizens.Reviewing the current legal system of on-site examination and interrogation in our country,we find that the laws and regulations,including People's Police Law of the People's Republic of China,have not as yet definite the right of on-site examination and interrogation clearly.With the continuous advancement of the rule of law in our country,there are not a few people from practice and theory circles research and discuss the act of on-site examination and interrogation of the police.However,the different comprehension of the right of interrogation on the spot will inevitably lead to different understanding of the legal regulation and the right relief of the right of on-site examination and interrogation.Dialectical thinking requires that we should look at the same problem from different point of views.This article takes the rights and interests protection of counterparts who are examined and interrogated on-site as the unique breakthrough point,based on the idea of the balance between exercise of on-site examination and interrogation rights and human rights protection,reasonably referenced the relevant literature at home and abroad,tried to sort out the concept,type and nature of on-site examination and interrogation through the methods of empirical analysis,literature research and value analysis,then investigates the rights and obligations of counterparts who are examined and interrogated on-site,and on the basis of this,the author analyzes the current situation of the rights and interests protection of counterparts who are examined and interrogated on-site,finally this article will focus on the basic principles and expounded the construction of a scientific and reasonable law system of on-site examination and interrogation from three aspects of standardizing operational requirements,strengthening judicial supervision and optimizing relief channels details by details.Some suggestions on how to perfect the system of protecting the rights and interests of the counterparts who are examined and interrogated on-site are put forward,so as to seek a balance between the exercise of the right of on-site examination and interrogation and protection of the lawful rights and interests of citizens.