论司法承诺规则在侦查讯问中的应用

Commitment of Judicial Application in Interrogation of Investigation

司法承诺规则在侦查讯问中发挥着重要作用。侦查讯问有很强的对抗特征,较量的双方必然要采取一定的手段,这种思维的对抗具有博弈性。司法承诺规则能够保证犯罪嫌疑人得到某种利益,使犯罪嫌疑人自愿同司法机关协作,从而有效地降低侦查成本,提高侦查效率。文章在对司法承诺规则作详细介绍的基础上,从实体法和程序法两方面对其进行了构建,以实现侦查讯问中司法承诺的法治化,从而更好地指导实践工作。

Judicial commitment plays an important role in interrogation of investigation.Interrogation of investigation accompanies with strong confrontation during which both parties involved is bound to take certain measures that lead to a game thinking of both sides.Commitment of judicial application can bring guarantee of some sort of interests to the suspect so that the suspect will voluntarily collaborate with the judiciary by which the judiciary could effectively reduce the investigation costs and improve the detection efficiency.This article based on the detailed description of commitment of judicial application and carried on from substantive law filed as well as procedural law filed in order to achieve the legalization of the judicial commitment so as to guide the practical work better.