Research On Interrogation Legality Check System

The interrogation legality verification system originated from the "Wenzhou experience." Relevant practices were introduced as experience at the special training meeting of the Central Political and Legal Commission and promoted by the Supreme People's Procuratorate.As a result,the practice of verifying the legality of interrogations before the end of the investigation was extended from Wenzhou to the whole country.The interrogation legality verification system refers to a system in which the procuratorate directly reviews the legitimacy of interrogation of major cases at the end of the investigation.This system is a new measure of procuratorial organs' recent efforts to strengthen procuratorial supervision,and is a product of criminal procedure reform centered on trials.Its functional positioning is the supervision mechanism of investigation and interrogation and the verification mechanism of illegal evidence,which has the dual functions of promoting the standardization of investigation and interrogating and enriching the means of prosecution by the procuratorial organs.The text found that the normative basis for the interrogation legality verification system was represented by the "Opinions on Promoting the Reform of the Criminal Procedural System Focusing on Trials" and "Regulations on the Strict Exclusion of Illegal Evidence in Criminal Cases" and other normative documents.Normative group.These normative groups outline the basic framework of the interrogation legitimacy verification system,and specify the subjects,interrogation scope,verification procedures,and effectiveness of interrogation verification.From a legislative perspective,the interrogation legitimacy verification system follows a central-parallel parallel legislative model;and it adopts a decentralized,multi-legged legislative approach.From the perspective of development momentum,the interrogation legitimacy verification system is driven by practice.Institutional change.However,there are no unified and systematic rules of the verification system,and there are no provisions on issues such as the subject of verification in remote detention cases,the specific scope of the verification case,the handling of the results after the verification,and the connection with subsequent procedures.Through empirical analysis of 17 cases of interrogation legality verification,it is found that there are many difficulties in the judicial practice of the interrogation legality verification system,such as the inconsistency of the scope of verification;the verification subjects of major criminal cases in detention centers with small places of detention and smaller detentions Clear;Difficulties in verification procedures and inadequate verification rigidities.The improvement of the interrogation legitimacy verification system needs to start from three aspects: legislative follow-up,system implementation and process improvement.First,it is necessary to introduce specific rules for the verification system as soon as possible in legislation.In practice,it is necessary to clearly define the scope of verification,the effectiveness of verification,and the subject of verification of major criminal cases in detention centers with small detentions and detention places.Second,establish verification authority.The procuratorial organization stationed in the station must change the concept of supervision and dare to verify;comprehensively use multiple verification methods and be good at verification.Finally,strengthen the program.Close internal communication,establish an internal information sharing platform for interrogation legality verification cases;strengthen external collaboration,and jointly establish investigation mechanisms to establish interrogation legality verification collaboration mechanisms.