Research On The System Of Criminal Investigation And Interrogation

Investigation and interrogation,as the key link of the whole criminal procedure,is the necessary means and methods to find out the facts of the case through the suspects.All along,our country's criminal procedural law takes fighting crime and pursuing substantive justice as its primary goal.Because of the profound influence of traditional investigation,the investigation practice in our country still attaches great importance to the role of confession.Obtaining the confession of criminal suspects is regarded as the most direct,main and economical means to detect cases.In practice,in the process of investigating cases,especially in the detection of major cases,under the psychological drive of eager to solve cases,the phenomenon of beating into recruits,spiritual cruelty and coercion to lure criminal suspects occurs from time to time,which runs counter to the modern concept of investigative interrogation with respect for and protection of human rights as its core.Although the relevant laws,regulations and judicial interpretations,such as the Interpretation on the Application of the Criminal Procedure Law and the Exclusion of Illegal Evidence Provisions,have been amended and perfected in the Criminal Procedure Law,which clearly stipulates the contents and evidential effectiveness of the prohibition of unlawful interrogation such as extorting confessions by torture,threats and deception.However,there are still some imperfections in these legal provisions.For example,the law of our country does not have strong restrictive means for the investigative organs to rely on confession evidence excessively.The investigative mode of "from confession to evidence" is still the main way for the investigative organs to solve cases,and the indirect evidence obtained through illegal interrogation such as extorting confession by torture is still compared with the examination standard of general evidence,which greatly damages the criminal justice.The fairness of procedure.In addition,the supervision of investigation and interrogation and the verification of legitimacy are not good enough.The regulations of recording and video system are not specific and comprehensive enough.Violations are easy to occur during interrogation,which greatly violates the proper intention of recording and video system and is difficult to play an effective supervisory role.Therefore,combined with the Criminal Procedure Law and its judicial interpretation,relevant procedural provisions and guidance,the author discusses the investigation and interrogation in criminal proceedings.This paper makes a thorough analysis of the causes of illegal interrogation in investigation and interrogation,expounds the harm of illegal interrogation,and puts forward feasible personal suggestions on how to prevent the chronic illness of illegal interrogation which is repeatedly prohibited by torture as the main means in practice,with a view to eliminating the possibility of illegal interrogation such as torture and extorting confessions by torture,so as to better improve and implement China's criminal procedure law and policy to combat crime and guarantee it.The value concept of human rights.This paper opens the door to the point and analyses the problems and reasons of investigation interrogation.In the process of investigation and interrogation,unlawful interrogation such as extorting confession by torture,threatening,enticing and deceiving is prohibited repeatedly,which greatly infringes the legal rights of criminal suspects and easily leads to unjust and false cases.Analysis of the reasons,mainly in the criminal investigation activities of investigators over-reliance on confessions,resulting in investigators to break through confessions,interrogation,extorting confessions by torture and other illegal interrogation emerge in endlessly.In addition,the shortcomings of the evidence system,the blurred boundary between interrogation strategy and illegal interrogation,the imperfection of the audio-visual recording system and the verification of the legality of interrogation in interrogation make the investigators have tried and forbidden the illegal interrogation such as extorting confessions by torture repeatedly.Illegal interrogation,such as extorting confessions by torture,is a chronic disease in criminal justice activities.Although its harm is well known,it is still worth further review and reflection when it comes to the serious harm to the country and individuals.From the national level,it damages the value concept of criminal procedure,ignores the Constitution and the law,tramples on the rule of law,directly impairs the legal authority,undermines the judicial credibility,and reduces the public's trust in the judiciary.Unlawful interrogation can easily result in unjust and false cases,and the real culprit can not be brought to justice,resulting in the emergence of suspicious cases and reduced efficiency,which undoubtedly increases the cost of detection of cases.Moreover,the law should also investigate the legal responsibility of the investigators who extort confessions by torture,and the harm to the investigation organs and investigators can not be ignored.From the individual level,extorting confessions by torture seriously violates human rights,brings indelible violations to the legitimate rights and interests of the inmates and their families,and destroys public confidence in fairness,justice and judicial organsIn order to prevent and eliminate illegal interrogation,the author puts forward personal suggestions on improving the system of investigation and interrogation.In view of the excessive dependence of investigation organs on oral confession,we should change the concept of emphasizing oral confession over other evidence collection,strengthen the collection of material evidence,and reduce the dependence on oral confession.We should further improve the evidence system,strengthen the exclusion of illegal evidence,improve the methods of defining illegal interrogation,establish the principles of using interrogation strategies,improve the audio-visual recording system and the verification of interrogation legitimacy,restrict illegal interrogation,ensure the smooth,legal and effective conduct of interrogation activities,and thus prohibit the occurrence of illegal interrogation such as extorting confessions by torture.