I. Scope of Application of Documents If the market supervision and management department asks the parties and other personnel in accordance with Article 29 of the Provisions on Administrative Punishment Procedures for Market Supervision and Management, this document shall be used.
Second, the file making skills
1. If the respondent is not a party or an agent entrusted by the party, it is not necessary to inform him that he has the right to state, defend and apply for withdrawal.
2. Each query record corresponds to one respondent.
3. If there are spaces after the last line of the transcript, the words "the following spaces" shall be added after the last line of the transcript.
4. If the parties check the transcript, the inquirer chooses "Please check", and the inquired person writes "Checked, the above contents are consistent with what I said" at the end of the transcript, and signs, seals or confirms by other means. If the interviewee has difficulty reading, he should read the transcript to him. The inquirer should choose "read to you", and the interviewee should sign, seal or confirm the reading in other ways.
5. If the transcript needs to be corrected, it shall be signed, sealed or confirmed by other means.
The above are the templates and instructions given by the General Administration.
Personally, I think it's quite stressful for a novice to make an inquiry record for the first time, because he doesn't know how to ask the customer questions and what answers the customer will give, so the novice must do two things before asking. One is to draw up an outline of the inquiry record, and the other is to ask senior case handlers to check the outline, preferably at the inquiry site.
Personally, I mainly put forward some ideas and suggestions on the drafting of the outline of the inquiry record.
First, the Guide points out that the interrogation record is a document to inquire, investigate and record the relevant contents of the parties and other personnel in order to find out the case. In other words, the function of the interrogation record is to further determine the illegal behavior of the parties through the inquiry and investigation of the parties and other personnel on the basis of on-site inspection (locking some relevant evidence).
Therefore, if the investigation is an illegal act that cannot be identified on the spot, it is unlikely that the illegal act of the party concerned can be identified by asking this link. Even if the interrogation record can prove the illegal behavior of the parties, there is no other relevant evidence to support it, and the evidence is very weak.
Second, the main function of the inquiry record is to ask the parties or their clients to admit their illegal acts (case characterization), provide relevant certification materials that cannot be provided at the scene, and confirm relevant evidence, so as to determine the subjective, plot, consequences, illegal income, value and amount of the case, and achieve the purpose of finding out the facts of the case.
Third, the basic questions and common skills to be asked in the inquiry record.
1, the identity of the person being questioned, the relationship with the parties and the case must be determined, and it is a waste of time not to ask people who are not authorized or do not know the situation.
2, report clues (inspection report), on-site inspection to determine. Further enhance the relevance of evidence.
3. Description of supplementary related materials provided in the inquiry.
Try to ask all questions with the word "no". If you really can't ask such a question, don't remember the long answer given by the interviewee to avoid ambiguity in the words in the record.
5. Pure personal advice can educate the parties at the end of the inquiry, focus on the serious consequences of breaking the law, and give the parties a psychological expectation, which may be helpful for the subsequent progress of the case.
There are also different opinions on "using' whether' as far as possible for all questions", which is suspected of luring confessions and is not advocated. Personally, I think this statement has some truth. Just change it to the respondent's answer, and the short sentence avoids ambiguity.