On The Criminal Interrogation Of Juveniles

Underage is an important period of life development,a transition period from ignorance to maturity.It is not only the peak period of body and intelligence development,but also the key period of the formation of values and personality characteristics.The imbalance of physical and mental development makes the personality characteristics and psychological state of minors unstable,so it is easy to make illegal and criminal behavior.Although the minor involved in the crime has violated the law and carried out the criminal act,it should be punished by the law,but it still belongs to the category of the minor.The protection of the minor in our country should also be applied to the minor involved in the crime.Not only that,for the minor involved in the crime,our country is in line with the special The spirit of special protection of different groups and the criminal policy of education,probation and rescue are fully reflected in the criminal procedure.However,it is undeniable that despite the relevant laws,regulations and criminal policies,and the support of the judicial spirit,there are still many loopholes in the investigation practice,especially in the interrogation process,for the protection of minors.Applying the same interrogation system to minors involved in crime and adults involved in crimes,ignoring the special physical and psychological characteristics of minors,is not conducive to the reintegration of minors involved in crime.It also violates the international judicial spirit and domestic criminal policy of "special protection of minor involved in crime".Based on the practice,the author finds the deficiency,and puts forward some suggestions in order to contribute little to the development and perfection of the interrogation system for minors.This paper is divided into four parts.The first part is an overview of the system of interrogation of minors,starting with the legal basis of the system of interrogation of minors,the theoretical basis and legal provisions of the system of interrogation of minors in China are sorted out.It also tries to probe into the significance of studying the system of interrogation of minors in our country,and clarifies the important value of studying the system of interrogation of minors for the special protection of minors involved in crime and the importance of connecting with the international juvenile justice system.The second part introduces the criminal psychology and the rejection psychology of the juvenile involved in the crime.According to the relevant knowledge of psychology,the author divides the criminal psychology of the minor who is involved in the crime into the criminal psychological process and the individuality psychology.Among them,the psychological process of crime mainly discusses the cognition,emotional emotion and will of the minor involved in the crime,while the personality psychology mainly includes the motive characteristic and the demand characteristic;the refusal psychological characteristic of the minor in the crime is compared with that of the adult involved,that is,under the comparison,The author generalizes the rejection psychology of the minor involved in the crime as the lag of the guilty psychology,the whole course of the Fluke Psychology,the time period of the opposing psychology,the instinct of the alert psychology and the seriousness of the pessimistic psychology.The third part is about the current situation and existing problems of minors' interrogation system.Discuss.At present,in the research,the author finds that there are many problems exposed in the operation of the system of interrogation of minors in our country.The most prominent problems include the following: first,the lack of professional level of the investigators involved in the interrogation of minors involved in the crime,which is manifested in the shortage of the professional staff involved in interrogation.Part of the personnel in handling juvenile delinquency cases on the understanding of deviation;The second is the lack of psychological guidance mechanism for minors involved in crime in the process of interrogation,which is manifested in the lack of psychological counseling and correction institutions,and the shortage of professionals,etc.;third,the lack of targeted interrogation methods,that is,questioning adults involved in crime.The application of the method and strategy to the minor involved in the crime does not take into account the physical and mental particularity of the minor involved in the crime,to a certain extent,it is not conducive to its transformation and return to society,and even infringes on the relevant legal rights and interests of the minor involved in the crime;The fourth is the unreasonable application of detention measures,which is mainly reflected in the higher frequency of detention of minors involved in the crime and the longer period of detention.The lack of objective and neutral detention institutions and part of the handling of cases to treat local minors involved in crime and non-local minors involved in crime;On the problem that the system of appropriate adult participation is not perfect,the legal concept of appropriate adult participation system is vague,and the subject of selection is unclear.It is true that the status of the right adult to participate in the proceedings is not clear,the role is not significant,and the rights enjoyed and obligations to be performed by the appropriate adult are ambiguous in the law,and so on;The lack of special protection in the process of interrogation is mainly reflected in the subject of interrogation,the time of interrogation,the place and environment of interrogation,and the language of interrogation.The fourth part is on the basis of the previous part of the specific suggestions: for the lack of professional level of interrogators to establish relevant institutions,recruitment,training,the formation of a professional team to interrogate minors involved in crime;The most important thing for the absence of psychological guidance mechanism is to establish and correct psychological guidance.Governing institutions,standardizing the implementation process,training professionals;For the lack of targeted solutions to interrogation should be combined with the interrogation of minors involved in crime methods and strategies to improve,based on the physical and psychological particularity of minors involved in crime,The interrogation methods and tactics of the minor involved in the crime should be different from the adults involved in the crime.By consulting a large number of materials and drawing lessons from the views of well-known scholars at home and abroad,the author summarizes the interrogation methods and strategies of minors involved in crime,that is,the following points are mainly summarized in the interrogation methods: first,persuasion education,in order to move the heart with emotion;Two is to regulate the mood,change attitude;third,grasp the opportunity,use of evidence;fourth,explore Contradiction,manipulation of the overall situation.The interrogation strategy mainly includes: pay attention to educational influence,use interest-oriented strategy with caution;change attitude in time,adopt impact strategy;adopt virtual-real combination,skillfully use circuitous strategy;dare to build power,use confusion strategy.The unreasonable application of detention measures mainly starts from the use frequency of detention measures,detention time,the neutrality of detention institutions and the concept change of staff in handling cases.For the loopholes in the system of appropriate adult participation,we should first improve the relevant laws and regulations,secondly,clarify the selection criteria of suitable adults,and again clarify the legal status of suitable adults and clarify the legal status of suitable adults.(B)the value and role of its participation in the proceedings and,finally,the appropriate rights and obligations of adults;In order to refine the interrogation procedure,we should strengthen the preparation before interrogation,shorten the time of interrogation,choose the place of interrogation carefully,and arrange the interrogation environment carefully and so on.The purpose of this paper is to sum up the perception and shortcomings of the research,and to look forward to the prospect of the interrogation system for minors in China.The last part is the content of thank-you,mainly the gratitude of the teacher,the friendship between Burmese and Myanmar.