侦查讯问问题研究

我国侦查讯问在观念、行为和制度上都存在许多突出的问题,亟待完善。考察借鉴其他国家在侦查讯问制度上的一般做法,我国的侦查讯问除在观念上必须革新外,还应当确立无罪推定原则和任何人不被强迫自证其罪原则,在制度上则应当构建完整的讯问规则体系和权利保障体系并强化监督制约机制。

Research on Problems of Investigational Interrogation

There still exist many problems to be solved concerning the investigational interrogation in China, not only involving the conception, but also including the action and the system. With reference to the general practice of investigation interrogation in other countries, the investigation interrogation in China should not only be reformed in the conception. It is necessary to set up the doctrine of the presumption of innocence and the doctrine of no self-proved crime by forcing in China. With regard to the system of investigational interrogation, two complete systems concerning the investigational rules and the guaranteeing of rights should be built and the supervision system should be further enhanced.