论侦查讯问制度的缺陷及其完善

Research on Defects and Perfection of Investigative and Interrogative System

因为在立法的指导思想和价值选择上过于重视追究犯罪和实体公正,对侦查讯问程序本身价值以及对犯罪嫌疑人权利的保护不够关注,现行的侦查讯问制度还存在着诸多不足,如侦查机关和犯罪嫌疑人之间的权利配置严重失衡,侦查机关缺乏足够的监督等。由于口供的巨大作用,在司法实践中,侦查人员通常过分依赖口供。侵犯公民基本权利的刑讯逼供现象也往往发生在这一阶段。因此,为了约束公权力的不当行使,保护犯罪嫌疑人的权利,必须完善现行的侦查讯问制度。

Because we excessively emphasize that the Criminal Procedure Law is to attack the crime and justice of substance while pay no attention to the value of interrogation process and the right of suspect ,there are still many defects in the stage of investigative and interrogative system,such as the rights between public power and suspect are seriously out-of-balance, and interrogation goes on under secret state and receives not enough supervision and so on.Because of the important function of statement made by criminal suspect, the investigators often rely on it during the judicial practice excessively. Presently in China, extorting a confession by torturing often takes place in this stage.In order to control the public powers improperly exercised, and to protect the rights of criminal suspects, we must perfect the system of investigative and inter-rogative syetem.