Investigation Report On The Operation Of The System Of Checking The Legality Of Interrogation Before The Conclusion Of Investigation Of Major Cases

Investigation and interrogation is the beginning of the whole criminal procedure,and the legitimacy of interrogation is directly related to the fairness and justice of case handling.In recent years,the harm of illegal evidence collection has been insinuated by the continuous occurrence of wrongful convictions.In order to curb the behavior of extorting confession by torture and collecting evidence illegally,it is very important to establish the rule of excluding illegal evidence.However,a large number of empirical data show that the implementation effect of the exclusionary rule of illegal evidence is not satisfactory.The main reason is that the exclusion of illegal evidence in the trial stage makes the evidence easy to be destroyed and the exclusion pressure increases.The system of checking the legality of interrogation before the end of the investigation of major cases is an expansion of the supervision function of procuratorial organs.Its purpose is to discover the behavior of extorting confession by torture as early as possible,which will play a positive role in eliminating illegal evidence as soon as possible.After the introduction of the system,many local procuratorial organs carried out the pilot work,and achieved certain results.However,as the system is rough from the perspective of legislation and lacks detailed implementation rules,many problems such as inconsistent standards,inconsistent understanding and non-standard operation have been reflected in the pilot work.Based on this,this paper adopts the research form of research report,and based on the analysis of a procuratorial branch in C city,finds out the possible common problems,summarizes the experience and puts forward Suggestions for improvement.This article altogether four parts,altogether about 27,000 words.The first part is the introduction of the system of checking the legality of interrogation before the end of the investigation of major cases.This part first defines the connotation of the interrogation legality verification system,which is a means to effectively exert the procuratorial organ's supervision power of investigation,and the resident prosecutor is responsible for verifying whether there is any illegal evidence collection during the interrogation of investigators.Then the value of the system is analyzed,and it is believed that it is conducive to the implementation of the rule of excluding illegal evidence,the effectiveness of procuratorial supervision and the protection of human rights of criminal suspects.The second part mainly describes the basic situation of the implementation of the pilotinvestigation areas.First,the basic situation and background of the pilot areas are introduced.Secondly,from the scope,subject,content,method and verification results of verification,the specific operation process of the system in the sample area is outlined,and the results obtained since the implementation are summarized.The third part analyzes the existing problems in practice.As the system is still in the exploration stage,it will inevitably encounter various obstacles in the implementation process.This part attempts to elaborate the five prominent problems in the implementation from the perspective of research.One is that the scope of "major cases" is too narrow;Secondly,the starting time and mode of verification are too vague.Third,the case information source is not smooth;Fourth,the verification of the results of the processing is unknown;Its 5 it is to be stationed in the procuratorial personnel ability is insufficient.The fourth part puts forward some Suggestions on the implementation of the system.Based on the practical analysis of a procuratorial branch in C city,this paper puts forward feasible Suggestions,including scientifically defining the scope of "major cases",defining the time of verification,establishing an effective cohesive mechanism,standardizing the handling of verification results,optimizing the internal personnel structure and exploring the inclusion of verification into the case-based handling mechanism.