Operation Of The Public Security Organs Interrogation Audio And Video Recording System

Criminal Procedure Law has given the investigating authorities too much power, nay, the investigative rights legislation has been lack of controlled, due to the legislation emphasized on the Criminal Procedure Code to combat crimes too much, but neglected human rights protection as well for over the years. In turn, the overwhelming investigation right has threatened the legitimate rights and interests of criminal suspects and other litigation participants. In addition, due to the limitation of the third party restriction, interrogation and other investigative measures are often suspected of human rights violations, such as personal rights, liberty, etc., however, the suspect's human rights which had been violated could not get any effective remedies.Therefore, as the Constitution of China put the human right into law and the rule of law conception has been developed, the institution of audio and video recording ensure the investigative interrogation legalization and standardization. The institution of audio and video interrogating recording has been run for over a decade in China, but until 2012 the revised Criminal Procedure Law was finally clear the provisions.However, the revised criminal procedure law treats the institution of audio and video interrogating recording in criminal cases as a matter of principle provisions. So that, the legislation specific procedures were not perfectly set into operation, and the institution of audio and video interrogating recording can't play the role of constraining powers and safeguarding human rights. This paper analyzed the legislation and practice of questioning the status quo of the institution of audio and video interrogating recording, pointed out the existence of the problem, based on the status of domestic law, learn the history and practice of extraterritorial legislation of the other States, made the suggestions to improve the the institution.