| As an important part of the police power,interrogation right plays an important role in the prevention,discovery and suppression of illegal activities,and has a positive impact on the elimination of crime and the maintenance of public order.However,due to the exercise of the right of interrogation,it is often easy to involve citizens’ rights of personal freedom and privacy,and if improperly exercised,it is likely to hurt the legitimate rights and interests of citizens.In the specific social practice,because the police interrogation and exercise and civil conflict events often occur,so how to balance the police interrogation and the basic rights of citizens,effectively avoid the conflict has become the urgent need to solve the problem,especially in the two aspects of theoretical support and system construction.We hope that through the investigation of the police questioning the reality of the situation,the police found in the exercise of power of interrogation process,and through the reflection on the problem of finding the solution,put forward some suggestions to improve the current inventory right in China,efforts to solve the problem of the abuse of police interrogation,in order to ultimately improve relations with the community,to achieve not only the maintenance of social order and protection of human rights,the win-win outcome.This paper is divided into six parts.Introduction: the background,significance,contents and methods,innovation and technology roadmap are discussed,and the current research progress of police interrogating right at home and abroad is reviewed.The first chapter: the definition of the concept of police power,check,police check right and so on,and introduce the relevant legal characteristics and legal position of the right of police check and check.The second chapter: starting from the development status of the police interrogation,the police questioning the right of our country,including the relevant legislation on police interrogation system in China and typical cases,from the legislation,law enforcement,judicial relief and analysis of three aspects of police questioning the existing problems of China’s supervision,the key factors from the subjective and objective.To find out the influence of the police interrogation.The third chapter introduces the general situation of overseas police investigation right,including the Anglo American law system,the United Kingdom and the continental law system in Germany and Japan.It summarizes the experience of different countries from the legislative system,the start up standard of interrogation,and the limitation of implementation,so as to get inspiration and reference from other countries.The fourth chapter: the content of western countries and the detailed provisions of the police questioning the right to exercise the principle of standardization,and based on extensive data collection and field investigation,attempts from the interrogation of the launch of the standard,legal procedures and remedies and other aspects,and puts forward countermeasures and suggestions to improve the police interrogation in China.Conclusion: summarize the research results,put forward suggestions,analyze the shortage,and provide reference for future research. |