讯问合法性证据材料的实践考察与优化路径

The Practical Investigation and Optimization Path of the Legitimacy Evidence Material in Interrogation

在对讯问合法性不断探索的过程中,讯问笔录、录音录像、提讯登记、体检记录等材料和侦查人员出庭作证被司法实践广泛用于证明讯问合法性。但实践考察发现,上述材料不仅本身存在局限与缺陷,而且材料关联性较弱、体系化不强、采信标准模糊等问题突出。制度短缺和实践短板是不可回避的两大原因。对此,从加强制度顶层设计出发,明确程序性证据材料的性质定位、推动侦查人员出庭说明实质化、强化视频影像的运用等,将尽可能规避证据材料的弊端,更有效地保障讯问的合法性。

In the process of constantly exploring the legality of interrogation,the interrogation record,audio recording and video recording,interrogation registration,physical examination record and other materials as well as the investigators’testifying in court are widely used in judicial practice to prove the legality of interrogation.However,it is found in practice that the above materials not only have their own limitations and defects,but also have prominent problems such as weak correlation,weak systematization and fuzzy standards of acceptance.The shortage of system and the shortcoming of practice are unavoidable.In this regard,starting from strengthening the top-level design of the system,defining the nature of procedural evidence materials,promoting the substantive explanation of investigators’appearance in court and strengthening the application of video images,etc.will avoid the disadvantages of evidence materials as far as possible and more effectively protect the legality of interrogation.