以审判为中心背景下的侦查讯问制度研究

The Perfection of the Investigation and Interrogation System in China

随着以审判为中心的刑事诉讼制度改革的推进,传统的侦查讯问制度显然无法适应改革的要求,因此迫切需要进行完善。我国目前的侦查讯问制度存在讯问时间缺乏有效规制,同步录音录像不足,侦查讯问律师参与度较弱等问题。域外法治发达国家对于讯问时间、录音录像、律师在场等方面均有较为全面的规定,可为我国相关制度的完善提供有益借鉴。结合我国实际,可对侦查讯问的时间作出明确的规定,要求同步录音录像制度全覆盖,同时赋予值班律师讯问在场的权利。

With the promotion of the reform of the criminal procedure system centered on the trial, the traditional investigation and interrogation system is obviously unable to adapt to the requirements of the reform, so it is urgently needed to be perfected. In China＇s investigation and interrogation system, there are some problems such as lack of effective regulation of interrogation time, lack of synchronous audio and video recording, and weak participation of lawyers in investigation and interrogation. The foreign countries under the rule of law have more comprehensive regulations on the time of interrogation, recording and video, and the presence of lawyers, which can provide useful reference for the improvement of relevant systems in our country. In combination with the reality of our country, the time of investigation and interrogation can be clearly stipulated, and the system of synchronous recording and video recording is required to be covered fully and the right of the lawyer on duty to be interrogated at the same time.