| The reform of the supervisory system embodies China’s efforts to comprehensively govern the Party with strict discipline in the new era.This has fundamentally changed the difficulties in the past,such as the relative separation of intra-Party supervision from national supervision,the decentralization of supervision forces,and the gap in the scope of supervision.It is an important measure taken by the CPC to have the courage to carry out self-revolution and turn the blade inward.Under the new national supervisory system,national supervisory organs,which are positioned as political organs,exercise state supervision powers and have powers of supervision,investigation and disposal by working together with the Discipline inspection organs of the Party.According to the Supervision Law and its implementation regulations,supervisory organs centralized exercise the power of investigation for the vast majority of job-related crimes,bridging the gap between intra-party investigation and judicial investigation.However,the special subject identity of duty crime and the specific crime occasion determine the basic law of the investigation of duty crime "from person to thing" and the particularity of relying on verbal evidence.Even under the background of supervision system reform,the inherent logic of duty crime investigation has not changed fundamentally.In the era of the rule of law,illegal interrogation is strictly prohibited.How to fully obtain the cooperation of the subject of interrogation within the framework of the rule of law is an important subject concerned by the theory and practice of supervision investigation.It is necessary and feasible to introduce psychology into the interrogation of duty crimes.It can not only accurately grasp the psychological state of the interrogation object,but also promote the motive of confession through delicate techniques,so as to collect sufficient evidence for the case.And can let the interrogated get "guilty plea leniency" treatment,get preferential sentencing,to achieve the efficiency of investigation and the effect of the rule of law win-win.Unfortunately,the domestic research on interrogation psychology is still relatively weak,which makes the application of interrogation center psychology still stay at the interrogator’s experience level,lacking principle guidance and systematic skills,which requires systematic and specialized research.The application of psychology in the interrogation of duty crimes,in fact,is the application of the so-called "soft interrogation method",which refers to the change of attitude,persuasion and education,cognitive style,decision-making process,personality characteristics and other principles of psychology as the theoretical basis to change the shortcomings of the past interrogation that lacks the study and judgment of the psychological characteristics of the interviewees,making the overall situation of the interrogation of duty crimes,Realize the transformation from "hard" psychological compulsion to "soft" persuasion and cooperation.According to the principle of psychology,the attitude system of human heart consists of "cognition,emotion and will(behavioral tendency)".As an organized system,changes in any component will cause changes in other components.The operating method of "soft interrogation" is based on the theory of attitude change in social psychology.The two sides achieved fruitful communication through equal status and reciprocal exchanges,and established a trust relationship between the two sides of the interrogation.On this basis,they conducted persuasion and education on the party discipline,national law and other aspects of the interrogated people,helping them to correctly attribute their own behavior,correct their misconceptions and realize active confession.Although there are different modes of handling cases of duty crimes abroad,it is a common practice in western developed countries to fully use psychological principles and techniques in interrogation,with the "Nine step Interrogation Act" of the United States and the PEACE Interrogation Act of the United Kingdom as typical examples.The practice of Britain and the United States shows that the direct reason for the introduction of psychology is to guard against illegal interrogation.Before the formal interrogation,we should fully study and judge the psychological characteristics of the interrogated person.During the interrogation process,we should attach importance to the manipulation of the psychological state of the interrogated person,form a relatively complete theoretical system of interrogation psychology,and strengthen the professional construction and psychological training of the interrogation team.This is of great significance to the application of interrogation psychology of duty crimes in China.Under the rule of law and the regulation of human rights protection,it is of great significance to strengthen the theoretical research on the application of the interrogation psychology of duty crimes,because the psychological state of the interrogated person when facing the interrogation is complex,and this complex psychological state under great pressure contains many factors that hinder or promote the interrogation process.According to the current situation in China,on the one hand,the special psychological structure of duty crimes makes it difficult to reach a voluntary confession;on the other hand,the development of the criminal procedure and supervision system has brought great challenges to the traditional way of interrogation,and the interrogated person(the investigated person)is skilled in handling interrogation tactics,which makes interrogation more difficult,This leads to the antinomy between the normal operation of case investigation and the guarantee of human rights of the interrogated: strict interrogation according to law may lead to the deadlock of case interrogation,while illegal interrogation will deny the evidentiary effect of confession due to the exclusionary rule of illegal evidence.Undoubtedly,the key to solving this paradox lies in the introduction of "soft interrogation method".However,in the current application of the interrogation psychology of duty crimes in China,there are some problems,such as the lack of a peaceful and rational attitude of the interrogators throughout the whole process,the lack of interactive pair equations in language style,the failure to establish a trust relationship in the interrogation process,and the lack of measures to guide the interrogated to cooperate in the interrogation,which limit the application space of the "soft interrogation method" in the interrogation of duty crimes in China.The introduction of psychology into duty crime interrogation can bridge the tension between oral confession supply and legal civilization.Disciplinary inspection and supervision institutions and their case handling personnel should abandon the "hard interrogation method" in concept and habit,master the methods and skills of the "soft interrogation method" through training and practice,and determine the communication and questioning strategies based on the study and judgment of the psychological characteristics and behavioral tendencies of the interrogated people,stimulate the interrogated people’s motivation for confessing,change their resistance to cooperation,obtain effective confessions,and avoid deadlock in the investigation.Using psychology to optimize the interrogation of duty crimes in China,we should,on the basis of accurately identifying the psychological state of the interrogated,innovate the interrogation mode of duty crimes from the following aspects: carry out preset interrogation preparation in advance,analyze the temperament characteristics of the interrogated object,effectively use the external interrogation environment,moderately stimulate the internal anxiety of the interrogated person,help reconstruct cognitive balance,promote attitude change,establish emotional trust,and expand the power of confession,Reasonably use the evidence to enhance the persuasiveness,and analyze the interest relationship to give the best option.However,"soft interrogation method" is a new thing after all,which must be reasonably avoided risks.Risks such as false statements should be identified and properly handled on the basis of clear risk types and risk causes.The "soft interrogation method" should be applied without imposing psychological compulsion on the interrogated person,breaking the social moral tolerance limit,and violating the arbitrary confession rule.In a society ruled by law,law is the basic way to govern the "soft interrogation law",which should be optimized in terms of the allocation of rights and powers,the involuntary prevention of confessions,and the strict science of interrogation procedures. |
