The Problems And Countermeasures Of Curbing Torture To Extract Confessions With Synchronous Audio And Video

Torture to extract confessions, a kind of serious human rights violations and an illegalway to obtain evidence which violates procedural justice, is the result of the feudalinquisitional proceedings system. Now, the wheel of history has gone forward to themodern legal society. After the establishment of modern criminal judicial theory whichaims at punishing crime and protecting human rights, how to adopt a more scientific wayto regulate law’s enforcement acts and strengthen the supervision of investigation andinterrogation process, strengthen the protection of human rights in the investigation processpractically, become the goal of the theory and practice of criminal lawsuit with unremittingpursuit. As the times require, the system of synchronization of audio and video during thewhole investigation and interrogation process of prosecutor emerged which accord with theneed of judicial reform and modern civilization of rule of law. Since the Supreme Peopleissued "procuratorate interrogation of duty crime suspect implementation of synchronizedaudio and video process (for Trial Implementation)", it has an increasingly prominenteffect in curbing torture to extract confessions.Also it plays a more and more positive rolein safeguarding the legitimate rights of criminal suspects. Firstly, with a global perspectivethis article describes the reason why synchronization of audio and video recording emergedand was promoted and implemented then. By comparative analysis of relevant countriesand regions in practical audio and video effect, combined with China’s current situation ofthe development of the synchronization of audio and video, this article clarifies theobjective facts that the implementation of synchronized audio and video recording isconducive to curbing criminal confessions. This article also pointed out the present stage inChina that the synchronization of audio and video recording to curb torture to extractconfessions function has not been brought into full play. The reason is that the ideologicalunderstanding, technical support, laws and regulations’ implement, supervision,accountability is not in place, and the comprehensive management should be made to insistthe principle of taking prevention as the main method and punishment as the subsidiary and strive to resolve problems. At the same time, the research of legislation should bestrengthened, relevant laws and regulations should be established and improved toguarantee the synchronization of audio and video to maximize the effect of curbing tortureto extract confessions.