侦查讯问的法治效能提升路径研究

A Research on Law-based Efficiency Promotion Methods in Criminal Interrogation

当前侦查讯问存在的困境是多方面、多层次的。侦查实践中普遍存在着刑事案件侦查对侦查讯问过度倚重的现象,这与以审判为中心的刑事诉讼制度改革要求侦查工作应当在过程与结果双重价值下运行的要旨相背,导致侦查人员在讯问过程中出现心理偏激和行为失范,更是案件"诉不出去"的重要原因。侦查人员应当确立"审讯的功夫应在审讯之外"的基本观念,才能充分释放侦查讯问的法治效能。

The dilemma of the current criminal interrogation is multifaceted and multi-level. In the practice of investigation,there is a phenomenon that investigation interrogation is placed too much places in criminal case investigation. This is contrary to the essence of reform of judicature-centered criminal procedure system which requires that investigation should be carried out under the dual value of process and result. The excessive reliance on interrogation is often the primary cause of psychological bias and misconduct of investigators in interrogation. Investigators should establish the basic concept that interrogation effort should be made outside interrogation,so as to give full play to the legal effectiveness of interrogation.