1. Establish the principle of presumption of innocence and give criminal suspects the right to oppose forced self-incrimination. Although the provisions of article 12 of China's criminal procedure law absorb the spirit of the principle of presumption of innocence, it is not thorough. For example, the rule that criminal suspects should not be forced to testify against themselves has not been reflected. The principle of presumption of innocence is based on the protection of the defendant's human rights, which is of great significance to curb extorting confessions by torture and fundamentally protects the defendant's human rights. 2. Establish perfect exclusionary rules of illegal evidence. China should establish comprehensive and complete exclusionary rules of illegal evidence, including all illegal verbal evidence and all illegal physical evidence. Illegal evidence obtained by extorting confessions by torture will be completely eliminated, and extorting confessions by torture will be fundamentally curbed. 3. Improve the interrogation system in criminal proceedings. (1) Establish a lawyer investigation and interrogation system. A criminal suspect has the right to entrust a lawyer from the day when the investigators summon the criminal suspect for the first time or take compulsory measures against him, and inform the investigation organ of the name and unit of the entrusted lawyer. Every time the investigation organ interrogates a criminal suspect, it must notify the defense lawyer in advance, and the lawyer will wait outside the interrogation site where he can see the interrogation site but can't hear the interrogation content, so as to give play to the external supervision role of the lawyer in the investigation activities and find out the act of extorting a confession by torture in time. (2) Limit the interrogation time. The continuous interrogation time of investigators shall not exceed 12 hours, and the interval between two interrogations shall not be less than 8 hours, so as to prevent investigators from interrogating criminal suspects with wheel tactics and forcing them to be mentally tired. ⑶ Establish the supervision system of interrogation process. Where conditions permit, modern scientific and technological means can be used to monitor the interrogation process internally, such as establishing interrogation monitoring system and adopting synchronous audio and video recording methods. In economically underdeveloped areas, the interrogation system of specific police officers can be implemented. 4. Establish and implement the system of separation of investigation and detention, and separate detention centers from public security organs. This separation can reduce the possibility of extorting confessions by torture to some extent. When the detention center was under the jurisdiction of the public security organ, the detention organ and the pre-trial organ were two departments, but they were all a family. If the detention center is managed by the judicial administrative organ, since the judicial administrative organ is not a case-handling department, it is responsible for the personal protection of the detainees, which can avoid the occurrence of extorting confessions by torture to a certain extent. Bian Xiao reminds you that if the investigative power is restricted, if the investigative ability of investigators is not improved, it will inevitably lead to a decline in the detection rate in a certain period of time, which will bring great pressure to the investigative organs. I'm afraid this pressure is unbearable. The above is the relevant information summarized for you. I hope I can help you. This website is dedicated to building an excellent legal consultation platform. If in doubt, please consult a lawyer.
Legal objectivity:
Article 52 of the Criminal Procedure Law, judges, prosecutors and investigators must collect all kinds of evidence that can prove the guilt or innocence of criminal suspects and defendants and the seriousness of the crime according to legal procedures. It is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods, and no one may be forced to prove his guilt. It is necessary to ensure that all citizens who are related to or know the case have the conditions to provide evidence objectively and fully, and they can be hired to assist in the investigation except in special circumstances.