侦查讯问中人权保障问题研究

人权保护问题是各国刑事诉讼中所共同关注的问题。就侦查讯问活动本身的特征而言,带有较强的利益冲突性,也就是说,在侦查讯问活动中,双方的较量和斗争反复出现,直到犯罪嫌疑人转变态度或被制服,案情真相大白为止。而这种冲突具有不平等的一面,在我国犯罪嫌疑人往往处于相对不利的地位,突出表现在犯罪嫌疑人的人权保障不足。在进行比较法考察之后,笔者提出了我国现代侦查讯问制度的构建。

On Human Rights Protection in Investigative Interrogation

Human rights protection is a common concerned issue in criminal litigation all over the world. The characteristics of Investigative Interrogation has strong interest conflict, that is, contest and struggle between both parties can not be over until the suspect change his attitude or oppressed and the whole case is clear. However, this conflict is unequal. Suspects in China are often under a very disadvantageous status, and that is inefficient in the human rights protection for suspects. After comparison with other countries' laws, we put forward the structure of modern investigative interrogation mechanism of our country.