对侦讯程序的若干问题研究(下)

侦查阶段讯问犯罪嫌疑人对于获得口供,揭露、证实犯罪具有非常重要的作用,因而该程序在各国都受到重视。但同时,侦讯又可能对犯罪嫌疑人权利造成损害,所以必须从法律上对其进行限制。围绕如何使我国侦讯程序实现打击犯罪和保障人权的双重目标,本文结合侦讯程序立法和实务中存在的侦讯的特征、侦讯主体的资格限制、侦讯与立案及预审的关系、侦讯的时间界限、犯罪嫌疑人在侦讯过程中的沉默权和律师帮助权等五个问题进行了研究。

On Several Issues of the Procedure of Investigation and Interrogation

The interrogation during investigation plays an important role in obtaining suspects' statements as well as revealing and proving the crime.Therefore,this procedure has been paid much attention all over the world.At the same time,however,investigation and interrogation may hurt suspects' rights.So some limits should be made by law.How can Chinese procedure of investigation and interrogation strike the crime and protect the human rights as well? Centering on this subject,this paper makes a study on five issues about investigation and interrogation,including: their features;the qualification of their main part;the relations among placing a case on file,first hearing and them;their time limit;the suspect's right to silence;the lawyer's right to help;etc..