也谈继续盘问的相关法律问题

Legal Issues on Continuous Interrogation

在实践中,继续盘问被公安机关广泛运用,作为公安机关的一种执法手段,为查处各类案件发挥了重要作用。但无论从法律规定还是从法理上看,继续盘问都不是刑事强制措施而是行政强制措施。作为一种强制措施就必然带来一定的法律后果。1、被继续盘问人有寻求法律救济的权利;2、继续盘问时间应当折抵其他处罚。而继续盘问与拘传在性质上也是不同的。

The continuous interrogation is used widely by public security agencies as one of law enforcement ways. It has made remarkable contributions in clearing up cases. However, both in the eye of regulations and legal theory, the continuous interrogation is an administrative compulsory measure instead of a criminal one. As a result, a compulsory measure must be followed some legal consequence. Some key points related to the measure are as followed： the person who is executed continuous interrogation has the right to find legal remedy; the duration of interrogation can be offset with other punishment; the interrogation and summon by force are different in its nature.