Research On The Procedure Of Investigating The Defendant In Trial

China's Criminal Procedure Law had a large-scale modification in 1996. With the change of the Criminal Procedure Law, China's adversarial trial has been established. At the same time, the procedure of investigating defendant has changed. Actually, the current procedure of investigating defendant meets the need of adversarial trial to a large extent. But there are some defects in the procedure of investigating defendant, and some defects are even fatal. In the criminal proceeding, China has always attached great importance to the defendant's confession. It can be said that the defendant's confessions play a decisive role in the identification of the facts. Because there are some problems in the procedure of investigating defendant and the defendant's confessions play a decisive role in the identification of the facts, it is necessary to study the procedure of investigating defendant. Today, China is preparing to re-modify the Code of Criminal Procedure. I hope that this paper can benefit the modification of the Criminal Procedure Law.The paper includes the introduction and the text. Introduction describes the purpose of writing papers and general framework. The text is the main body of the thesis. The Text is divided into four parts. The first part defines the concept of defendant investigation procedure. Definition of the concept is the logical starting point for discussion. The second part discusses the defendant investigation procedure of the foreign, and it makes further analysis from three aspects. These three aspects include the premise of start, the order of investigation, methods of investigation. The third part reflects the procedure of investigating defendant. Firstly, the third part discusses the current situation of defendant investigation procedure, then the third part points out that the defendant investigation procedure is not perfect from three aspects. These three aspects include the premise of start, the order of investigation, methods of investigation. The fourth part perfects the defendant investigation procedure. According to the problems of defendant investigation procedure, we can perfect the defendant investigation procedure from three aspects. These three aspects include the premise of start, the order of investigation, methods of investigation. Improving the premise of the defendant investigation procedure is to ensure that the accused has the right to decide whether to make a statement. The defendant is willing to make a statement, which is the premise of start. For the arrangement of order, the defendant investigation procedure should be placed at the end of the investigation in the court. Of course, the relationship between the defendant investigation procedure and sentencing procedure should be handled properly. For the survey methods used by the defendant, a comprehensive reform at this stage is not appropriate, we can only improve the methods of investigation under the present circumstances.