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Problems In The Implementation Of Synchronous Recording And Video System And Its System Improvement

Posted on:2015-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y YuFull Text:PDF
GTID:2176330422493542Subject:Law
Abstract/Summary:PDF Full Text Request
Synchronized audio and video recording system as early as from the beginningof2007was applied to the investigation of the procuratorial organs duty crime, andaccompanied by the public security organs in practice trial and error, graduallydeepening understanding, and finally in2013by "People’s Republic of ChinaCriminal Procedure Law "incorporated. Statute clearly requires several classes requiresynchronous recording of the whole case. By the end of2013, the Supreme Courtissued "on the establishment of a sound working mechanism to prevent miscarriagesof justice in criminal opinions", which is expressly regulate the cases should besynchronized audio and video recording. With the various departments and theoristssynchronous recording system attaches great importance to the regime not only beseen as exclusionary rule to implement an important safeguard, but also generallyagreed that another major feature of the entire audio and video recording system isthrough containment torture, the rule of law so as to enhance the level of ourinvestigative process. NPC Law Committee in the interpretation of the new Code ofCriminal Procedure that the establishment of "the interrogation process audio andvideo recording system, will not only illegal evidence exclusion new system services,and further standardize the work of investigation and interrogation, interrogationactivities help to ensure law conduct, protect the legitimate rights of criminal suspects."Shen Yong, executive vice president of the Supreme Court also believes that" mindthe whole audio and video recording system designed to curb torture."Synchronized video recording system is of important value in the practice, butalso bring greater challenge to detective work. In combination with the practice ofinvestigation organ, and combined with the relevant provisions in the criminalprocedure law, the author analyses synchronization problems of sound recording orvideo recording system in practice, to find countermeasures, in order to improve thesystem.The first part of the article, brief overview of the entire audio and videorecording system. Introduction of the system to grow in all sectors of practice were tounderstand the system embodied in the relevant provisions of the Supreme People’sProcuratorate, the public security organs, the Supreme Court and other sectors, tounderstand the path of reform. And understand the theory and practical efficacy of thesystem pre-established.The second part describes the synchronized audio and video recording system inpractice, there is a problem recording area. Include the following issues: first, the needto synchronize the recording situation, what the "emergency situation" does not needto record. Second, the law of the case to accommodate the range specified defects.Third, the recording location. Fourth, the recording time. Fifth, they were recorded problems.The third part describes the different understanding of the academic system forsynchronizing audio and video evidence of the existence of the material, including thepre-trial evidence to open its properties and shows, the material with the Courtplayback issues.Taking these problems, I propose the perfect solution. First, for the requiredsimultaneous recording of "emergency situations" are introduced; Second, the methodof recording range "may,""should,""may" ask the right understanding and improvedmethods; Third, the proposed location for the new record knowledge; fourth, thepractice of recording methods to correct errors; fifth, when used for synchronizingaudio and video material as evidence, how to propose new ideas to deal with.
Keywords/Search Tags:Interrogation of criminal suspects, audio and video recording system, recording, protection of human rights
PDF Full Text Request
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