Research On Inducement Behavior In Investigative Interrogation

As an important form of evidence,confession plays an important role in the criminal evidence system because of its strong proof of the facts of the case.It was once known as the "king of evidence".Even in western countries which advocate human rights and democracy,confession still plays an extremely important role in their criminal proceedings.In China's judicial practice,the judicial organs attach great importance to the role of confession in proving the facts of a case.The status of confession in China's criminal proceedings is obvious,and there are many ways to obtain confession in interrogation.Among them,inducement is one of the important ways for investigators to obtain confession.It occupies a very important position in investigation and interrogation,but it is neutral.There are many problems to be solved urgently in the practice of law and judicature.Although Article 52 of the Code of Criminal Procedure stipulates that "extorting confessions by torture and collecting evidence by threat,enticement,deception and other illegal methods are strictly prohibited",there are no provisions on the consequences of inducement.In judicial practice,as a method of interrogation,induced confession is widely used in interrogation.China's laws and regulations on induced confession are still blank.Lack of effective regulation on the behavior of induced confession may lead to the occurrence of unjust and false cases to a certain extent.Therefore,it is urgent to construct a reasonable standard to judge and regulate the induced confession.The first part elaborates the concept of induced confession.In order to define the inducement and classify it into four categories according to different standards,the author compares the inducement with threatened confession,confession and deception,so that investigators can identify the inducement in practice and grasp the connection and difference between the inducement and other illegal interrogation methods.The second part is the legislative evolution of induced confession in China and the foreign regulations on induced confession.This paper introduces the process of interrogation methods in China from ancient times to modern times,expounds the historical origin of inducement,and finds the historical basis for the formulation of its rules.At the same time,it introduces the provisions of the rules of inducement in the four criminal procedural laws.From the evolution of law and judicial interpretation,there is a certain space for the use of inducement in China's law.This paper analyses the rules of inducement in Germany,Japan,Britain and the United States in the civil law system,and draws a conclusion that foreign countries do not deny all the inducement,but have certain tolerance,that is to say,only under certain scope and conditions can inducement be used.The third part introduces the necessity of the existence of inducement and the harmfulness of illegal inducement.Although the law negates entrapment,in practice,because of the importance of confession,the collection of evidence based on conviction and sentencing is difficult to varying degrees,and entrapment can improve the efficiency of solving cases to a certain extent in accordance with the law of investigation,so entrapment is widely used by investigators in practice.The unreasonable application of inducement will lead to the occurrence of unjust and false cases,infringe on the legitimate rights and interests of criminal suspects,and damage the credibility of the judiciary.Therefore,it is necessary to regulate the inducement and formulate reasonable rules for obtaining evidence by inducement.The fourth part mainly elaborates the construction thought of the rule of legal inducement to obtain evidence.Firstly,the limitation of the standard of inducement to obtain evidence is constructed,which regulates the inducement from the types of cases,the objects,the interests promised by investigators and the interrogation language.Secondly,the principle should be followed to determine whether the confession obtained by inducement should be adopted from the legal principle,public order and good customs,and the arbitrariness of the confession.Thirdly,the review procedure of the confession obtained from the inducement is regulated from the relief procedure of the formal review,the substantive review,the legal review result and the review result,so as to ensure the reasonableness and legality of the procedure of the inducement to obtain evidence.Finally,in order to prevent the occurrence of illegal entrapment,we should formulate corresponding rules of entrapment and other supporting systems as a supplement.Such as the system of simultaneous recording and video recording,the system of lawyer's presence during interrogation,etc.