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A Comparative Study On The System Of Synchronous Audio And Video Recordings For The Whole Process Of Interrogation

Posted on:2016-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:S M WangFull Text:PDF
GTID:2296330461971131Subject:Criminal procedure law
Abstract/Summary:PDF Full Text Request
The phenomenon of extorting confessions by torture which leading miscarriages of justice exists in both China and foreign countries in varying degrees. The system of synchronous audio and video recordings for the whole process of interrogation was firstly adopted by Britain, Australia and other foreign countries. This system started late in our country, learning and absorbing the foreign successful experience. Because of the difference in the social form, the legal system and the development level of economyis, we should not copy the system of foreign countries,but have to adapt to China’s national conditions when designing our own system. In China,the system of synchronous audio and video recordings for the whole process of interrogation was first implemented in the people’s procuratorial organ in 2006. But the system was not written into "law of criminal procedure" until when it was revised in 2012. During the the system’s trial implementation in the people’s procuratorial organs, great success was achieved in standarding interrogation behavior, preventing extorting a confession by torture. But there are also many problems. Therefore,compared to Britain, Australia, the United States and other countries who have an early start, our system of synchronous audio and video recordings for Interrogation has a great improvement space.By reviewing the related literature on the system of synchronous audio and video recordings for interrogation, this paper attempts to elucidate:Firstly,by studying the Zhang Guoxi bribery case, problems of interrogation recording in the judicial practice are revealed. With these problems, the foreign system of synchronous audio and video recordings for interrogation is introduced. And then back to the judicial practice, the combination between the system of synchronous audio and video recordings for Interrogation and the exclusionary rule of illegally obtained evidence is focused on. Finally,through the above comparison research, on the basis of the advanced experience of foreign countries and China’s existing legal system, the paper tries to give some suggestions on how to establish and improve a uniform system of synchronous audio and video recordings for interrogation in our country.
Keywords/Search Tags:audio and video recordings for interrogation, system, comparative study
PDF Full Text Request
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