论侦讯对话中的心理强制

On the Psychological Compulsion in the Procedure of Detection and Interrogation

社会规范对人都有心理压力,法律规范与强制力量同在,心理强制是法律性对话的本性。侦讯对话往往以强制措施为外在的条件,而证据才是其内在强制力的根据。涉案当事人的沉默,并没有使侦讯失去强制性,也没有失去其取证功能。侦讯对涉案当事人心理强制方的大小,在于警方掌握证据的状况;对侦查人员来说,关键在其侦讯对策的运筹和实施。

Social norm results in psychological force on peopleinvolved. Law standard and compulsion co - exists at the same time, whilepsychological compulsion is the basic niture of law in procedure. Process of detection and interrogation is inclined to base on thecondition of compulsory approaches as external factor while evidence isthe internal grounds. A involver' s silence doesn't lead to theremoval of compulsion in the paocedure of detection and interrogationas well as the function of gaining evidence. The degree of psychological compulsion to a defendant depends on the quantity of evidence obtained by police. The most important thing to aninvestigator is how to operate and put into effect the countermeasurewhile detecting and interrogating.