A Case Study Of Investigation Interrogation

With the occurrence of a series of recent sensational case of extorting confessions by torture, many problems will be the stage of investigation and interrogation in the judicial practice of our country existing accentuates. Investigation and interrogation is the investigators in the investigation work is one of investigative measures commonly used in recent years because of extorting a confession by torture, caused by the unjust cases and misjudged cases have occurred, the fundamental reason is that there are many problems in the process of interrogation in china. Due to the many problems of extorting a confession by torture once again proved the importance of the rule of law, norms of law enforcement behavior. This thesis firstly Li Jiuming intentional homicide case the error reason analysis thinks: the miscarriage of justice in the subjective Jiuming Lee case, the fundamental reason is that the public security organs in the investigation of cases, not in strict accordance with the law of evidence standard to collect and fixing the evidence, but rely too much upon the testimony of the verdict. In the minds of investigators also has always adhered to "confession is the first" the idea. In this situation the concept of error bound, investigation investigators not serious to the investigation and study of investigation and interrogation tactics and techniques, but, the most primitive and they think that the most simple handling procedures for handling. In addition, this paper through the analysis of cases in the program, made a deep research on the anomie of interrogation, think our country existing law enforcement system, the procedure of investigation and interrogation is not standardized. This is not only reflected in the heavy entity light procedure phenomenon, is to start the investigation interrogation interrogation condition; the time and place of investigation and interrogation; and the ways and means of the provisions are not specific. The protection of the legitimate rights of criminal suspects is not truly implemented. No serious implementation of China’s relevant laws on illegal evidence exclusion rules of words, there are still many problems in terms of the audio and video recording in the interrogation. Secondly, this paper studies the investigation and interrogation of norms of our problems in the analysis, put forward some suggestions to reform and improve the standard of our investigation and interrogation system. Standard procedure of investigation and interrogation is to make clear the measures for supervision and control; on the suspect’s rights can not just stay at the surface phenomena, to formulate rules for the strengthening of protection scope; to strengthen the investigation and interrogation exemplary conduct accountability; further refinement of the process of investigation and interrogation of the audio and video recording rules. In conclusion, this paper is put forward some problems in investigation and interrogation of the norms of China and some suggestions, but after all, through the analysis of case studies of the urgent need to solve the problem of investigation and interrogation.