Research On The Legality Verification System Of Interrogation Before The End Of Investigation

The legality verification system of interrogation before the end of investigation(hereinafter referred to as the "The legitimacy verification system of interrogation")is a new mode of excluding illegal evidence with Chinese characteristics(hereinafter referred to as the "exclusion").At present,China is vigorously promoting the reform of the criminal procedure system with the trial as the center.Therefore,the establishment of the legitimacy verification system of interrogation is not only to exclude the criminal suspect's confession obtained by illegal methods such as torture,but also to pave the way for the substantive process of the trial with the trial as the center.In addition to the introduction,this paper is divided into four chapters.The first chapter is "overview of the legitimacy verification system of interrogation".This chapter not only sorts out the definition and development course of the legitimacy verification system of interrogation,but also discusses the characteristics of the current the legitimacy verification system of interrogation.The second chapter is "the practice condition of the legitimacy verification system of interrogation in some areas of our country".In this chapter,three pilot areas are selected and explored from three levels of relevant connection system,system program design and technology integration.Chapter three is "problems existing in the legitimacy verification system of interrogation".This chapter tries to summarize the existing problems of the legitimacy verification system of interrogation from three aspects: the trend of dissimilation,the ambiguity of procedure setting and other related problems.The fourth chapter is "construction and improvement of the legitimacy verification system of interrogation".This chapter is the core chapter.Aiming at the problems raised in the previous chapter,it firstly constructs the legitimacy verification system of interrogation theoretically.This paper holds that the legitimacy verification system of interrogation construction should follow the principle of investigation supervision and the principle of objective justice.Secondly,from the perspective of procedure setting: first,the category of other major cases is refined.This paper believes that other major cases can be divided into "other traditional major cases" and "other major cases in special periods".Second,the starting mode can be divided into conventional starting mode and special starting mode,and the supplementary investigation period should conform to the definition of "before the end of investigation".Thirdly,it discusses the definition of extortion by torture from three aspects: objective,subjective and neutral forensic identification.Fourth,it is suggested to enrich the verification methods of procuratorial departments in detention centers,such as questioning the case handling personnel,listening to the opinions of defense lawyersand on-duty lawyers on the existence of illegal evidence collection by the investigation organs.Fifth,under the dual mode of verification subject,it is not necessary to grant the investigation organ the right to review and review the verification conclusion.Finally,in view of other problems of the legitimacy verification system of interrogation,this paper believes that it is possible to build a synchronous audio and video system outside the detention center,and to carry out the verification in different stages by different subjects.