刑事侦讯：一种权力的表达
牟军刑事侦讯：一种权力的表达
Criminal Interrogation：the Expression of Power
期刊名称：《法学研究》
期刊年份：
作者：牟军
单位：云南大学法学院
中文关键词：刑事侦讯;权力表达;符号系统
英文关键词：criminal interrogation;expression of power;symbol system
中文摘要：
从本体论的角度对刑事侦讯的认识，实际上是对刑事侦讯作为一种行为的认识。由这一行为的法律因素和主体因素所决定，刑事侦讯可归类为一种权力行为，确切地说是一种具有权力属性的行为。然而，刑事侦讯的权力属性，并非意味着刑事侦讯属于侦讯者的一种权力，将其称为一种权力的表达可能更为贴切。就刑事侦讯的特性来看，这一权力表达的符号系统可以分为三类：侦讯者的权力表达系统、侦讯环境的权力表达系统和侦讯规范的权力表达系统。刑事侦讯的体系建构须将可能影响和决定刑事侦讯权力表达方式和目标的侦讯自身要素和外部因素纳入考量范畴。
英文摘要：
From the perspective of ontology, criminal interrogation can be seen as a kind of action. Determined by its legal and subject factors, criminal interrogation can be defined as an action with power nature. However, the power nature of criminal interrogation doesn't mean that it is the power of interrogators. To use the French sociologist Pierre Bourdieu’s Semiotic Theory, criminal interrogation can be seen as a symbol system. Criminal interrogation is a form of power expression through the symbol system, which can be simply referred as an expression of power.There are clear legitimate and legal basis for criminal interrogation to be defined as an expression of power. Such orientation can explain the unity of interrogative powers and duties reasonably and has no fundamental conflict with suspect's right to silence and freedom to state. Moreover, such orientation can establish the legitimacy of power and is useful to the effectiveness of criminal interrogation.According to the characteristics of criminal interrogation, its symbol system can be classified into three categories. The first is the symbol system of interrogators, including their language, behavior, posture, dress and other symbols. The second is the symbol system of interrogation environment, mainly referring to the specific place of interrogation, which inflects the power meaning of interrogative room’s space, color, light, structure and other visible symbols. The third is the symbol system of interrogation rules, including the laws, policies and other power symbol forms. All the symbols are integrated rationally and effectively to promote the expression and acceptability of interrogative power.Criminal interrogation should be a complete symbol system and consider all the factors which may influence or decide the way and aim of criminal interrogation power expression. On the one hand, it is necessary to adjust the elements of criminal interrogation, optimize the arrangement of the interrogative environment, adjust the interrogation subject, and use the committal proceedings reasonably. On the other hand, the external factors should also be used rationally and effectively. Through the effective and legitimate use of expression of power, the laws, policies and social resources of interrogation can be applied rationally and effectively.
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