Research On The Censoring Of Legality Of Interrogation Before The End Of Investigation

The censoring system of interrogation legitimacy is an innovation of the supervision mechanism of interrogation.The purpose of its establishment is to eliminate the confession of criminal suspects obtained by illegal interrogation,to prevent possible acts of extorting confession by torture and obtaining evidence illegally during interrogation,to avoid cases with illness entering the trial procedure to the greatest extent,and to reduce the probability of criminal misjudged case.Focusing on the censoring of the legality of interrogation,this paper fully inspects the research results in three aspects: the censoring of the legality of interrogation,the supervision of interrogation and the exclusion of illegal evidence in the stage of investigation.It combs the laws and regulations related to interrogation in China,and through the analysis of 121 cases of interrogation legality verification in local procuratorial organs at all levels from 2016 to 2019 and 127 cases of major corrected wrongs in China in the past 30 years,draws the main problems existing in illegal interrogation and the dilemma in the practice of interrogation legality verification.On this basis,the article puts forward seven suggestions to improve the censoring system of interrogation legitimacy from seven aspects: first,temporarily taking the resident procuratorial office as the main body and gradually transiting to the full-time censoring group when conditions permit;second,taking enumeration as the main method and giving consideration to generalization to limit the scope of the case;third,building a review initiation pattern with three ways and equal emphasis.To avoid missing cases within the scope of censoring;fourthly,the censoring method should be based on inquiry,but the censors should be given the corresponding investigative power;fifthly,the focus of the censoring should be on whether there is violent interrogation or disguised corporal punishment,and pay attention to the distinction between interrogation strategy and threat,inducement,deception and evidence collection;sixth,attention should be paid to the implementation and feedback of the conclusion of the censoring,and the construction of the conclusion of the censoring.The procedure of reconsideration and review is also discussed.Finally,other relevant systems are discussed,including the censoring of detention in different places,the coordination of internal and external links in the censoring work,and the assessment and accountability of the censors.