论文部分内容阅读
询问证人、讯问犯罪嫌疑人,是通过“提问-回答”的方式来进行的。提问,主要使用问句。不管什么具体内容的问句,其形式都包括两部分,一是已知部分,称为问句暗含判断。它是对话双方都认可的信息或提问者认为被提问者也会认可的信息;另一是未知部分,称为问句疑点焦点。它要求被提问者按疑问焦点指定的范围作出回答。即:问句=暗含判断+疑问焦点恰当的提问,是获取如实回答的必要条件。而问句暗含判断是否恰当,又是提问是否恰当的前提。在一般人的问答对话中,发问者一方总是以真实的暗含判断为基础去提出问题的。因为正确地提出问题是正确地分析问题和解决问题的先导。除童话之外,谁也不会问“太阳有两只脚还是四只脚?”因为“太阳有脚”这一暗含判断是虚假的。所以,被问者无法在疑问焦点“两只脚还是四只脚”的范围内作出回答。但是,侦查对话则不同。由于犯罪过程的稳秘性和不可逆性,警方与作案者之间尖锐的对抗性,以及人们(警方与证人也不例外)对客观世界认识的滞后性和检测手段的局限性等等,构成侦查认识活动的特殊性。因此,在侦查提问中,不得不使用多种形
Interrogating witnesses and interrogating suspects is done by asking questions - answering questions. Ask questions, mainly using questions. No matter what the specific content of the question, the form includes two parts, one is the known part, known as the question implied judgment. It is the message that both parties agree on the conversation or the information that the questioner thinks will be approved by the questioner. The other part is the unknown part, which is called the focus of questions. It requires the respondent to respond to the range specified by the focus of the question. That is: Question = implied judgment + question the appropriate focus of questions, is to obtain truthful answer to the necessary conditions. The question implicit judgment is appropriate, but also to ask whether the appropriate premise. In most people’s Q & A dialogues, the questioner always proposes questions based on true implicit judgment. Because correctly put forward the question is the correct analysis of the problem and solve the problem of the pilot. Besides the fairy tales, no one will ask “The sun has two feet or four feet? ” Because “the sun has feet ” the implied judgment is false. Therefore, the inquirer can not answer the question “2 feet or 4 feet”. However, the investigation dialogue is different. Due to the secrecy and irreversibility of the criminal process, sharp confrontation between the police and the perpetrators, as well as the lag of people’s understanding of the objective world (and the police and witnesses themselves) and the limitation of testing methods, etc., constitute an investigation Recognize the particularity of the activity. Therefore, in the investigation of questions, had to use a variety of shapes