Research On The Application Of Police Interrogation Power

In recent years,with the sustained and in-depth development of the market economy,the traditional household registration system is gradually disintegrated,instead,the free migration of population,the free flow of society,new social form,the personnel of the escaping commit crime,crime of foreign problem increasingly prominent,and become China's social security and satisfaction among the masses and the main factors.In order to effectively respond to the development and change of the social security situation,the police investigation system has come into being.As a traditional police power,interrogation has been widely used in police law enforcement activities,and the power of interrogation has been given to the police.As a result,the police law enforcement activities have been transformed from "static law enforcement" to "dynamic law enforcement",and it has played a very important role in effectively deterring,striking and stopping the crime of floating population.Based on my own work,the author takes Shanghai rail transit police for example to carry out suspect investigation.During the period of Jan.1,solstice,Aug.31,2015,Shanghai rail transit police conducted patrol and inventory check in metro,and the total number of suspicious persons was 6.53 million.More than 50,000 people were arrested and154 were arrested,mainly for drug offences,pickpocketing and mental illness.The strong patrol and inventory network has built a strong defense line for the effective maintenance of public security in the rail transit area.However,while we are praising the results of the investigation,we must also see the increasing number of complaints from the police and the contradictions,conflicts and even deliberate attacks on the police caused by the investigation.In this era of continuous progress of legal system construction and awakening of democratic consciousness,citizens are no longer the simple object of passive cooperation and overall acceptance of police power,but the speakers,participants and supervisors in the system of police power operation,which puts new pressure and challenge on the operation of traditional police power.For example,police law enforcement shouldfully reflect fairness and justice,be reasonable and appropriate,and respect and protect human rights.At present,the high rate of police interrogation indirectly reflects that China's police interrogation system has been unable to fully adapt to the new requirements and expectations of citizens on the exercise of public power,and violates citizens' legitimate rights and interests to some extent.Why is it easy to infringe upon the lawful rights and interests of citizens when exercising the right of inquiry ? The whole process of exercising the right of examination involves the intervention of the relative person's basic rights.The stop at the beginning of the on-the-spot investigation is an instant lien on the spot,which limits the freedom of action of the counterpart.The on-the-spot inventory is an intervention of the individual privacy and the independent right of information.The physical and physical examination in the process of on-the-spot inventory is an intervention of the relative person's physical rights and property rights.After the decision to continue the interrogation was made,the relative person was brought to the police station for further investigation,and the behavior that could limit the personal freedom of the relative person for up to 48 hours was an intervention of deeper and stronger degree of the basic rights of the relative person.It can be seen that the power of interrogation is like a "double-edged sword" which,when properly applied,will play a positive role in maintaining public security,maintaining social order and cracking down on illegal crimes.On the contrary,if improperly applied,once abused or misused,it will become a weapon and tool that willfully hurts the feelings of the masses,violates citizens' rights and interests and tramples on human dignity.Therefore,in order to find a balance between public and private rights,justice and order,maintaining the authority of police law enforcement and safeguarding the dignity of citizens,it is necessary to put police interrogation on the track of the rule of law,so that the police are more effectively restricted and regulated in the process of exercising their powers of interrogation.This paper,on the basis of clarifying the concept,characteristics and attributes of police interrogation power,carefully combs the current status of police interrogation power operation in China,and then analyzes the problems existing in China'sinterrogation system,such as fuzzy starting conditions,unclear application boundaries,rough operation procedures and lack of relief measures.Combined with its own law enforcement experience and the practice of the countries outside,on how to build up more precise and more efficient quarantine system prototype,puts forward the thinking,Suggestions and prospects of the individual,in the hope of scientific scrutiny system in our country legal regulation,and police are interrogating law enforcement in our country to provide a full range of guidelines and specifications.