Research On Investigation And Evidence Collection Of Psychological Compulsory Interrogation

Investigation and interrogation,as an important part of the criminal procedure,are related to the operation of public power and the protection of human rights.As investigative methods become more and more advanced in today's era,the mode of psychological forced interrogation has become an important way to obtain confessions in modern countries under the rule of law.In contrast,China's criminal investigation system,with the introduction of the new criminal procedure law,China's legislation has responded to the transformation of interrogation mode,but related scholars' research on the current psychological forced interrogation mode needs to be strengthened,and how to ignore the psychological forced interrogation Conduct evidence collection regulations and how to adjust and improve relevant evidence rules.The main research direction of investigative theory focuses on macro-level issues such as investigative mechanisms,institutional reforms,and investigative strategies.There are many lessons to be learned about how to standardize the process of obtaining evidence for investigative interrogation and improve the system of investigative interrogation.However,in judicial practice,because investigators are affected by individual thinking and there is a fault in the change of evidence consciousness,this not only fails to form a complete dialogue between the theoretical research of criminal law and procedural law,but also makes the current centralism of trials.Under the general reform trend,the investigation procedure and the trial procedure cannot be perfectly connected.Investigating agencies and investigators should be aware that the investigative process serves the trial process.The ultimate purpose of an investigation is not to obtain a guilty confession to complete the case detection,but to obtain real and valid evidence for trial in accordance with the principle of evidence adjudication in actual operation.Prepare for the stage.Based on the current difficulties faced by investigation and interrogation,the author puts forward and improves suggestions to deal with the problems in the current judicial process,so as to better realize human rights protection and national judicial stability.This article uses the evidence collection of psychological forced interrogation as a research platform.Psychological forced interrogation can also be referred to as a train of thought or a method of evidence collection.This paper mainly discusses the application of psychological forced interrogation,that is,It is said that during investigation and interrogation,how can we reasonably use psychological coercion to achieve the purpose of investigating and obtaining evidence and clarifying the facts of the case.Interrogation is changed from physical coercion to psychological coercion,which is not only helpful to find out the criminal psychology of criminal suspects through psychological means,but also to facilitate the smooth investigation of criminal facts,and to make criminal suspects rehabilitated and recognized on the basis of protecting human rights crime.The discussion is mainly divided into four parts:The first part: a brief review of the research content of psychological mandatory interrogation and forensics in the existing literature,through the analysis of experts and scholars to find the research flaws in the field of psychological mandatory interrogation,and a brief analysis of the problems of psychological mandatory interrogation and forensics in the current investigation.And the value of investigating the issue.The second part: briefly summarizes the basic concepts of psychological compulsory interrogation and forensics,the theoretical basis of research,and the legitimacy of psychological compulsory interrogation and forensics,mainly including: the concept of psychological compulsory interrogation,the reasons for its formation,and the main forms of expression.The three disciplines of forensics provide a theoretical basis for the study of forensic psychological interrogation,and point out the necessity and legitimacy of forensic psychological interrogation.The third Part: Through research and analysis on the problems of psychological compulsory interrogation and forensics in legislation,starting from the legal provisions,judicial interpretations and departmental regulations on the evidence collection of psychological compulsory interrogation,and combining the extraterritorial experience of investigation and interrogation legislation,The deficiencies of China's investigation and interrogation legislation are pointed out.The fourth part: It analyzes the problems of psychological compulsory interrogation and forensics in judicial practice at the two levels of interrogation system and interrogation methods.The level of interrogation system mainly analyzes the causes of investigation,the mechanism of supervision and security,and the use of evidence.The aspect of interrogation means mainly analyzes the problems of psychological mandatory interrogation and evidence from the process of obtaining evidence and the subject of the interrogation.The fifth Part : In response to the questions raised in Chapters 3 and 4,it proposes ways to improve psychological interrogation in four aspects: the concept,legislative suggestions,and the improvement of the interrogation system and optimization of interrogation methods.Structure to achieve a balance between protecting human rights and punishing crime.