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Improvement of Criminal Interrogation Procedure in China

Author: ZhangYanFei
Tutor: HouDeFu
School: Liaoning University
Course: Legal
Keywords: Criminal Injustice Inquisition by Torture Interrogation
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 117
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Abstract


Interrogation of criminal suspects is behavior of the investigation in order to obtain the confession of suspects. It plays an important role in obtaining proofs of guilt and identifying the truth of case. In our country, as a simple, effective investigative measure, investigation and interrogation is the most common measure. However, when it plays an active role in the investigation and interrogation, it also has produced a number of problems because of the effect of many aspects such as the presumption of guilt. During these years, some unjust and improper cases have caused at times. On the surface, these cases are almost related to the torture, and torture is banned in China, but the torture is difficult to stop. The fundamental reason is that our investigation and interrogation program has many problems which lead to investigators take torture. And thus human rights in the criminal justice process can not be guaranteed, at the same time these injustices bring serious challenges for the development of legal procedures in our country. So this paper takes a real typical case ---Li Jiuming "intentional homicide"---as an example to think and complete our investigation and interrogation process. Analyze the reasons of its existence by analyzing the status, characteristics, and existing problems. Try to find out the problems of our investigation and interrogation system and make suggestions to improve our investigation and interrogation procedures.This case has three parts:The first part is basic introduction. In this section, I will introduce and analyze the case. Next, make brief summary of investigation and interrogation procedures in our country, and describe some characters about the interrogation procedures in our unique system design, administrative work procedures and so on.The second part is problems of our investigation and interrogation process. We can see some problems of investigation and interrogation procedures through this case. For example, interrogation procedures is non-standard; the investigation and interrogation behavior lack of effective constraint; the rights and the interests of criminal suspects are not adequately protected by law; the rights of counsel is not perfect; the rules of excluding illegal confession lack of operability; the problems in using audio, video to investigate and interrogate. And make the further analysis of problems of investigation and interrogation procedures. The third part is some recommendations in improving our investigation and interrogation process. Make recommendations to further improve investigation and interrogation procedures on the basis of previous case. For example, limit questioning subjects and situations in interrogation; adjust to the questioning time and reform interrogation sites; improve interrogation methods; strengthen to protect the rights of criminal suspects in the investigation and interrogation procedures; mprove the process of investigation and interrogation recording, video;improve the legal consequences of investigation.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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