In the daily law enforcement and supervision activities carried out by our bureaus and industrial zone land offices, staff often have to investigate and inquire about illegal land use, conduct surveys and complete evidence extraction work on-site, and conduct land and resources law enforcement and supervision interviews. Transcripts are an important means for the land and resources management department to obtain on-site evidence of the land-related behavior of the parties. They are also important documentary evidence for investigating and handling cases of land and resources violations. They play a direct role in determining the case and accurately determining the case. It is also an important tool for strictly carrying out administrative penalties for land violation cases in accordance with the law. One of the important basis. The quality of transcript production is not only a comprehensive reflection of the political, business quality, life experience, and social experience of our land personnel, but also a concrete manifestation of their basic business skills. To ensure that the interview transcript has legal effect, we need our land law enforcement officers to continuously explore and improve on the basis of learning. The author believes that in order to produce a qualified interview transcript for land law enforcement supervision, the following points should be grasped:
Our land law enforcement case investigators must make sufficient and thorough preparations in advance before interviewing and questioning the parties. It is necessary to fully understand and grasp the facts of the case, find out the basic situation of the person being questioned and the illegal facts, and ensure that the recording is carried out in a focused and step-by-step manner. Clarify your thoughts and draw up a conversation outline in advance to enhance organization. Think about the purpose of the inquiry, the strategies, methods and entry points to be used, and ensure that the eight most basic items of the investigation are not omitted and are targeted. The eight major items of the investigation are: ① the subject of the violation; ② the location of the land; ③ the purpose; ④ the time of illegal land use (construction start time); ⑤ the area of ??the land; ⑥ the nature and type of the land, ⑦ the degree of occupation (building occupied area, degree of construction ); ⑧ Relevant approval procedures.
We must strictly follow procedures when collecting evidence. We must consciously abide by the law enforcement code of conduct. When handling a case, there must be two or more case handlers; case handlers must remember to take the initiative to show their administrative law enforcement certificates and make their identities clear. During the conversation, the recorder must record the parties’ answers truthfully, and their writing and wording must be standardized. According to the requirements, transcripts of conversations about investigating illegal land use should be bound and archived, and the records must be written with black pen, not ballpoint pen, pencil, or red pen. The handwriting must be correct, not sloppy, and do not artificially write traditional Chinese characters or create simplified characters, or write some commonly used characters incorrectly. After the conversation is over, the transcript should be handed over to the interviewer for verification, and he or she should be allowed to add or correct, but the supplements and corrections should be stamped; at the end of the transcript, the person being interviewed should indicate, “The above content has been verified by me and is true. ", sign and print at the same time, and every page must be signed and printed. If the party refuses to sign, it should be noted in the transcript. In practice, many law enforcement officers often neglect to record the reasons why the parties did not sign. Such records do not comply with Article 15 of the Supreme People's Court's "Provisions on Several Issues Concerning Administrative Litigation Evidence" "If the party refuses to sign or is unable to sign, it shall be noted that reasons” must be corrected. Pay attention to controlling the conversation time.
The interviewer and recorder should pay attention to cooperation and the content of the inquiry.
In addition, we all must learn to seize the opportunity and ensure that effective evidence is obtained within the best time. Before recording the conversation, the interviewer and the recorder should exchange opinions in advance. If the person being interviewed has concerns, , timidity, hesitation, even sophistry, arrogance, or other uncooperative behaviors that lead to a deadlock, the recorder can do patient and meticulous ideological work to help ease the atmosphere, break the deadlock, and make the conversation proceed smoothly; Consider the recording speed of the recorder and control the rhythm. For important words and phrases that must be recorded, the interviewer should take the initiative to remind them to record. The record-keeper may also conduct supplementary inquiries around what has been recorded.
In terms of questioning skills, first of all, the attitude should be friendly, establish a communication atmosphere of mutual trust, and eliminate the resistance of the parties involved. Secondly, the interests and harms must be stated, and the parties should be informed of the consequences of telling lies and concealing facts, so as to put the parties under psychological pressure that they will bear legal responsibility if they tell lies, and force them to tell the truth; thirdly, pay attention to softening the tone and speaking in a relaxed tone as appropriate. Topics should be discussed so that the other party feels that they are asking rather than "examining" them. When the other party takes the initiative to tell the story, give the other party respect and affirmation, so that the other party feels that both parties can communicate and exchange; fourthly, be cautious in what you say during the conversation and be objective in your questions. Do not have preconceived ideas and have a subjective and one-sided tendency to prevent distortion of the transcript.
In short, a qualified land law enforcement supervision interview transcript must have objective authenticity, legality, seriousness, clarity and completeness. During the interview process of land law enforcement supervision and investigation, as long as our law enforcement officers attach great importance to their thoughts, be serious and responsible when taking records, strictly follow the procedures, and use interview skills reasonably and flexibly, the quality of the interview transcripts and the level of case handling will be greatly improved. improvement.