"侦查讯问难"的成因与对策新探

"侦查讯问难"是长期困扰侦查人员的最大难题之一。形成讯问难的客现原因主要有:审查难;犯罪嫌疑人本人方面的原因;破案的证据基础不够扎实;犯罪嫌疑人不相信"坦白从宽、抗拒从严"的政策;与讨论中的保障人权立法相配套的法律规定缺失等。形成讯问难的主观原因有:观念落后;侦讯人员的整体素质和能力不适应;讯问策略、方法运用不当等。应当采取的对策有:转变观念;提高整体素质和攻坚能力;转变侦查模式,广泛收集证据;加强审查性讯问,排除无辜;扩大传统讯问突破口的范围;制定有效的讯问策略及方法;建立配套的法律和制度。

Probe deeply into the Origin of "Investigation and Interrogation as a Difficult Matter in Practice" and Countermeasures

"Investigation and interrogation as a difficult matter in practice" has been a long - standing problem and a hard nut to crack for investigators. Its major objective reasons as followings: the cause of examination not easy to manage; the cause from the suspects, such like some suspects dont believe the principle that is "Leniency towards those who confess their crimes and severe punishment towards those who refuse to do so" ; the cause of evidence; and the legislative cause. Its subjective reasons as followings; the dated traditional model of thought, abilities and ways. The following countermeasures should be taken; to change ideas, perfect abilities and to improve ways.