Empirical Study On The Investigation And Use Of Synchronous Audio And Video Recording

The investigation and use of synchronous audio and video recording is the key step that making synchronous audio and video recording from legislative stage to practical stage. In order to realize the litigation values in protection of human rights and punish crimes, it’s necessary to make sure proper investigation and effective use of synchronous audio and video recording. At present, a lot of synchronous audio and video recordings are ignored by judicial staffs, just as a lack of formal examination and substantive examination and little use in the case of adjudication. Therefore,it is significant that use empirical research to study the investigation and use of synchronous audio and video recording to find some questions and solve them and finally to make a bridge between legislation and judicial practice. It is also the theme of the study. The full text is divided into four chapters, about30,000 words.Chapter One talked about the outline of synchronous audio and video recording. The chapter mainly introduces the basic features of synchronous audio and video recording and the procedural and substantive litigation values. There are some basic features of the technology-based synchronous audio and video recording, Such as, objectivity recorded and comprehensive recorded of information. The litigation values in protection of human rights and punish crimes are good for preventing the occurrence of torture and misinterpretation on confessions and assurance the forensics activities is legitimate to ensure the authenticity of confessions.Chapter Tow talked about the practical investigation of synchronous audio and video recording. The chapter mainly introduces the operation of synchronous audio and video recording in our country by analyzing the questionnaires, interviews and other data collections. The analysis showing that the judicial staffs have different understandings about the evidence property of synchronous audio and video recording and there is a huge difference on formal examination and substantive examination among the judicial staffs. In practice, the use of improving pretrial confession of authenticity and exclusion of illegal evidence and the adoption of the referee are different from the legislation.Chapter Three talked about the problems of the investigation and use of synchronous audio and video recording.These problems are based on the data analysis. First of all, the judicial staffs have a un-clear understanding about the evidence property of synchronous audio and video recording, this confused understanding make them overlook the value of the synchronization of audio and video recordings that leading to put the system into effect become ineffective. Secondly, the formal examination of synchronous audio and video recording is ineffective and there is a lack of substantive examination. Thirdly, the empirical data showing that showing in the court and cross-examination are rare, because of this, it nearly has no testimony. Lastly, there is a lack of some related ancillary support measures, for example, lacking of efficiency to improve the investigation and lacking of measures to guarantee the authenticity of synchronous audio and video recording. All of these questions make the investigation and use of synchronous audio and video recording in our country difficult to achieve.Chapter Four talked about the suggestions for improvement the investigation and use of synchronous audio and video recording. This chapter gives targeted and feasible advices from the legislation and establishing specific rules. On the one hand, the audio and video recording data should be formulate to independence evidence and have a clear evidence property in legislation, this will make the judicial staffs have a unified understanding and a specification of use. On the other hand, uniform rules of evidence investigation should be set up and strengthen the prosecution investigation of the audio and video recording data is necessary, and the judicial investigation procedures of synchronous audio and video recording must be set up in the future. When used in the court, it is must be applicable unified showing and cross-examination rules and define the relationship between interrogation record and the audio and video recording, and it is also important to make sure illegal evidence exclusive rule apply strictly. In addition, with subtitles and the key point mark of synchronous audio and video recording measures to improve the efficiency of the investigation, using measures like approval of the synchronous audio and video recording program starts and lawyers involved in the interrogation process and establishment of the province of the judicial system electronic databases of synchronous audio and video recording to make sure the truth of synchronous audio and video recording, it is fully good for realizing the function of the system.