贿赂犯罪“欺骗”审讯的问题反思与改进路径

Reflected and Improved Path of Bribery Crime “Deception”Interrogation

在我国,"欺骗"审讯一直处于比较尴尬的境地:立法"犹豫不决"、侦查"或缺或滥"、审判"几无认定非法"等。但在以"心理操纵"为基础的现代审讯中,"欺骗"是一种必要的"道德失范",它迎合了有效惩治犯罪、实现实体正义的侦查讯问价值,符合"小恶制大恶"的功利主义判断准则,备受古今中外审讯实践的欢迎。"欺骗"审讯并非无底线一律合法,合法的"欺骗"审讯必须不违背被讯问人的"自由意志",保证被讯问人供述的真实性,在个案运用中应把握合理的限度--不得已而为之、恰到好处。此外,立法应严禁诸如非法的允诺性欺骗、超越道德底线的欺骗及导致虚假供述的欺骗等。

In China, cheating interrogation has been in a relatively awkward position： firstly, swinging in the legislation. Secondly, deficiency or abuse in the criminal detection enforcement. Thirdly, no identified illegal in the judicial trial, etc. But in modern interrogation which based on psychological manipulation, cheat is a necessary evil, which catering to punishing the crimes effectively, realizing substantial justice of the value on interrogation, conforming to the utilitarian criteria of small evil restraining the great evil. At all times and in all countries, cheat interrogation has always been very popular. But the cheat interrogation is not always legitimate with no bottom line. In fact, the rightful cheat interrogation must ensure free will of the questioning people, must guarantee the integrity of the confessions by questioning people. In addition, the deceptive strategy working in cases should also grasp certain degree , that must be forced to work on, must be used properly. In addition, the legislation should prohibit such as illegal promissory cheat, cheat which beyond the moral bottom line and cheat which lead to false confession, etc.