Study Of Interrogation Audio And Video Recording Based On The Evidence Law

In recent years, with the miscarriages of justice continue to surface, torture is causing a heated debate between the theory of jurisprudence and the judicial practice. At the same time, interrogation audio and video recording which have great value to curb torture and regulate the investigation act that is also more and more get people's attention. Although the 2012 “criminal procedure law” in our country established the interrogation audio and video recording system, and made it clear that its scope of application, but overall, the regulation of our country legislation of the system is still too general and abstract, that is not conducive to guide judicial practice. Such as, our legislation has yet to make any clarity of regulation with the evidence property, evidence ability and probative force and other related issues of the interrogation audio and video recording. In judicial practice, it is leading to different practices and controversial. The author will from the angle of the evidence to study the interrogation audio and video recording system, in order to solve the audio and video data transfers, trial plays, cross-examinations, and to protect the reading right of defense, Finally realizes the value of the entity facts and program facts of the interrogation audio and video recording.This article includes the introduction, the main body and the conclusion, the main part is divided into four chapters.The first chapter describes the positioning of evidence property of interrogation audio and video recording, it is not only beneficial to promote the operation of the interrogation audio and video recording system, but also conducive to protect the litigation rights of criminal suspects and defendants.The second chapter discusses whether the interrogation audio and video recording is evidence or not, and what evidence belonging to. And then combining with judicial practice, put forward the interrogation audio and video recording has substantive evidence and procedural evidence.The third chapter discusses the interrogation audio and video recording has the condition of evidence ability when it as substantive evidence. And on this basis, put forward the relationship between the interrogation audio and video recording and the exclusionary rule of illegal. And then discussing the evidence qualification of confession when it is in violation of regulations of the interrogation audio and video recording: selective audio and video recording, the evidence ability of confession is applicable the adverse presumption said; after the first trial record, the confession should be absolutely excluded; supplementary audio or video recording and other non-normative audio or video recording, when the prosecution makes a reasonable explanation and the confession is corroborated by other evidence, the confession is admissible.The fourth chapter discusses the probative force of interrogation audio and video recording. Although the interrogation audio and video recording has strong objectivity, compared with interrogation notes, it has strong probative force. But when examining the probative force of interrogation audio and video recording, it requires additional evidence to support. Examining the probative force of interrogation audio and video recording is mainly through judicial authentication and other evidence to support. The object of the examining mainly includes: the source is reliable, the keep chain is complete, and the recorded content is true and reliable.