The Research Of Separating Procuratorial And Custody Right And Using Interrogation Right Under These Conditions

At present in our country, the public security organ of detention is installed by subordinate unit, the public security organ supervision. Its administrative status and the public security organs with the criminal investigation, narcotics etc investigation department is the same, the chief executive of the same public security organs responsible for each other is mutual cooperation relationship. From the actual situation, because this natural relations, investigation department to carry out work, interrogation of detention tend to receive many convenient, even in certain situations of detention should cooperate investigation department work. From custody neutral point of view, apparently present our country's custody mechanism makes custody department namely detention cannot stand neutral Angle developing custody work, but fell toward investigation department side. The result is, on the one hand, the criminal suspect in custody the realization of interests by influence and restriction, on the other hand the use of easy to distinguish procuratorial be better than limits, violate to legitimate rights and interests of criminal suspects, causing the long-standing exerting confession through torture. Therefore, many experts and scholars appeal, will guard stripping out the public security organs, make its membership account judicial administrative departments, in order to form to distinguish procuratorial restriction and the criminal suspect rights to fully guaranteed.This paper argues that, our country executes the significance of procuratorial good-matured separation not just is to protect human rights, including procuratorial good-matured separation formed DaoBi function, and impel the investigation organ improve investigation level and efficiency, and based on this, ascension criminal lawsuit activity overall efficiency, thus for criminal lawsuit system reconstruction of the solid foundation. Blindly talk safeguard human rights, and ignore the criminal procedural efficiency, will inevitably lead to fight against crime poor, eventually damages is more citizens' rights and interests. Therefore, only guarantee a high separation efficiency, procuratorial investigation good-matured only real possibility. The author hopes that through fully absorb French, British and other countries investigation detain system, discusses how to step-by-step implementation surveillance good-matured separation reform, both can realize further safeguard human rights, and able to reverse the purpose of promoting efficiency, thus for procuratorial investigation good-matured separation finally realize provide the realistic safeguard ways and means.