Reconstruction Of Sound Recording System Under The View Of Protecting Human Rights

The safeguard of suspects’ human rights in criminal investigation is always highly focused now. Expecially, it is the research direction of criminal proceedings that how to reduce the infringement, which comes from the public authority in the process of controlling crime, of the rights of suspects effective. The system of synchronous sound-recording and video-recording has dual-function of penalize crime and safeguard human rights in China. In the past, due to the influence by the position, when investigation organ face the problem of how to balance between them, more preference is given to the former.The revision of “Code of Criminal Procedure” in 2012 expressly stipulated “respecting and protecting human rights” and the system of synchronous sound-recording and video-recording initially, which means the function of human rights protection of recording system is receiving people’s attention increasingly. But the power of sound-recording and video-recording is in the hands of the investigating organ with no interference of neither adjudication organization nor defendant at this stage. In the litigation system centered on investigation, many problems reduces the ability of the system of synchronous sound-recording and video-recording, such as separating the spy procedure and the surveillance cannot be realized, the long term of criminal detention and separating the interrogation and recording is not thorough.This paper based on the background of the reform of litigation system centered on trial, try to establish a system of synchronous sound-recording and video-recording in order to protect human rights, to provide ideas for solving current problems. This paper want to build a neutral recording administrative department, by using network and video monitor technology, supplemented by the neutral custody place, perfecting evidence system, reducing the term of criminal detention, so that we can help the system of synchronous sound-recording and video-recording to play a more important role in criminal procedure and to strengthen its neutrality, the prevent abusing of investigation power. With these means, the function of the system will change from protecting investigation to protecting criminal procedure, and finally realize protecting human rights.