论中国侦查讯问阶段犯罪嫌疑人的权利保障

Discussion on Protecting the Criminal Suspects' Rights in Investigation

侦查讯问是法律规定的一项侦查行为,讯问所获得的口供在庭审中是重要的证据之一。通过讯问可以很快了解犯罪嫌疑人的作案过程、查获证据,降低侦查成本、提高诉讼效率。侦查讯问制度的不完善等因素导致侵害犯罪嫌疑人的现象屡禁不止,破坏了刑事诉讼自身的价值要求,阻碍了我国民主法治化的进程。笔者就我国犯罪嫌疑人在讯问中享有的权利进行了归纳;分析了我国讯问阶段存在的问题并国外犯罪嫌疑人在讯问阶段享有的权利做了一定总结;最后提出完善侦查讯问中犯罪嫌疑人人权的几点建议。关键词:侦查讯问;犯罪嫌疑人;

Interrogation one behavior of an investigation by law, the confession obtained by interrogation at the trial is one of the important evidences. Although the material technology has developed unprecedentedly, the interrogation is still one of the most economic ways to investigate. Through the interrogation, we can find out the criminal process, seize the evidences, reduce the investigation costs, and improve the efficiency of the proceedings. However, the interrogation system is imperfect. It leads to the infringement of the suspect which can not be prohibited entirely. It also ruins the self-value of the requirements of the criminal litigation, hinders the democratic and legal process in China. Therefore, the writer concludes the criminal suspects＇ rights in interrogation, analyzes the subsistent problems in the interrogation process, summarizes the overseas criminal suspects＇ rights in interrogation, and puts forward several suggestions on perfecting the criminal suspects＇ human rights at the end.