审查逮捕阶段讯问问题及其破解

On the Problems in Interrogation during the Stage of Investigation and Arrest and the Corresponding Solutions

在司法实践中,审查逮捕阶段讯问犯罪嫌疑人存在着诸多问题,在隐性方面主要表现为角色定位混乱、讯问能力不足、讯问技巧缺乏;在显性方面主要表现为笔录制作不规范、语言运用不科学、证据展示不恰当。使得逮捕阶段的讯问并没有收到法律制度所预期的效果,也没有发挥其应有的作用。因此,需要通过检察官科学定位自身角色、精心准备讯问前期工作、规范讯问过程中的用语,以及恰当运用讯问技巧予以破解。

In judicial practices, interrogation of the suspects during the stage of investigation and arrest is confronted with many problems, which, in an implicit sense, are dominantly manifested as confused role orientation, poor interrogation ability, lack of interrogation techniques, and in an explicit sense, are dominantly manifested as lack of standardization in investigation notes making, unscientific application of languages and improper evidence presentations, giving birth to absence of the legal system expected effects and improper role played by the legal system during the stage of investigation and arrest. Therefore, efforts need to be made to cope with the said problems through the prosecutors' scientific orientation of their own roles, elaborate preliminary work of interrogation, application of specification language and proper use of interrogation techniques in the process of interrogation.