Research On The Issue Of Informing Rights In Investigative Interrogation

Investigators informing criminal suspects of their rights is not only an important embodiment of the standardization of interrogation procedures,but also an inherent requirement for the protection of the rights of criminal suspects.However,in the practice of investigative interrogation,investigators exist to sign instead of informing,tell but not explain,explain but not clear and other ineffective informing phenomenon,resulting in poor informing effect.At present,most of the theoretical research introduce the notification of rights as one of the steps of the first interrogation,and there is a lack of systematic research on this issue,and there are even fewer research combining linguistics with the notification letter as the object of research.Based on this,this paper adopts questionnaire survey method,in-depth interview method and interdisciplinary research method to describe the current situation and problems of rights notification in practice,and propose countermeasures based on the analysis of the causes of the problems.In addition to the introduction and conclusion,this paper mainly includes the following four parts:The first chapter is the overview of the right to inform in investigative interrogation.This chapter defines and interprets the concept,composition,and theoretical basis of right disclosure in investigative interrogation,and elaborates on the value of right disclosure in investigative interrogation.The second chapter is the current situation and existing problems of informing the rights in investigative interrogation.Based on empirical research results,this chapter introduces the current situation of right notification in the practice of investigative interrogation from the aspects of whether investigators have informed,notification time,notification method,notification content,notification effect,and summarizes the existing problems,mainly including: notification by signature instead of notification,delayed notification,notification without explanation,explanation without clarification,failure to target notification,and difficulty in understanding the notification.The third chapter is the reasons for the problems of notification of rights in investigative interrogation.This chapter summarizes the reasons for the existence of problems in the notification of rights in investigative interrogation,mainly including: firstly,at the aspect of investigators,including outdated interrogation concepts,weak interpretive abilities,and considerations of interrogation reality;secondly,the aspect of the suspect,including the weak awareness of self-protection of rights,impaired cognitive level during interrogation,and selective attention to interrogation information;thirdly,the aspect of the notification of rights,including the overlapping and lengthy contents of the notification,the notification letter is presented in legal language,and the poor comprehensibility of informing language;fourthly,the other aspects,including weak supervision of informing behavior and imperfect rules of evidence of invalid informing.The fourth chapter is the countermeasures to solve the problems of informing of rights in investigative interrogation.This chapter proposes the following countermeasures: firstly,to improve the quality of rights notification of investigators,including enhancing the procedural awareness of rights notification,strengthening the human rights awareness of rights protection,establishing evidence awareness of invalid notification,and improving the ability of investigators to inform;secondly,to improve the procedure of rights notification,including optimizing the notification process,standardizing the way of notification,conducting targeted notification,and improving evidence rules;thirdly,based on the comprehensibility of the notification language to amend the notification of rights,including adding a simplified version of the notification,changing the presentation form of the content of the notification,and modifying the expression of the notification language;fourthly,strengthen the internal and external supervision of the act of notification of rights.