The Current Situation And Perfection Of Entire Video-Recording In Custodial Interrogation

These years,with juridical practice developing and joining the world,especially with the implement of Criminal procedure,the institution of entire video-recording in law interrogation has been established.It is a huge progress to play an important part in preventing from extorting confession by torture and guaranteeing the legal right of the suspect.However,because the institution of entire video-recording just set up few years ago,it needs to develop and correct.This paper aims for above reason to give some advice through taking example from other countries such as England,United States and observing judicial practice in China and analyzing current situation,advantages and disadvantages of the institution.In the introduction and the first charter,it discusses the establishment and history of the institution of entire video-recording.Introduction focuses on China while the first charter focuses on western countries such as England and United States.The author finds the lawyer-on-site system guarantees the institution of entire video-recording.In the second charter,it discusses the advantages of the entire video-recording system.For example,it can prevent extorting confession by torture.It can prevent false confession from the suspect and improve the efficiency.And it can defend the right of notification.And it improves the investigative ability of the police and protect the police.In the third charter,it discusses the inherent problem of the entire video-recording.From the perspective of psychology,the entirevideo-recording can’t guarantee objective.And it can’t solve the inherent coercion of interrogation and can’t guard against extorting confession by torture.It can’t solve the problem of nonstandard in interrogation.Although detention house play an important part in the institution of entire video-recording,it can’t guarantee the authenticity,integrity and objective of the institution.In the fourth charter,it analyses the judgments of Beijing,Henan,Yunnan and draw a conclusion about exclusion of illegal obtained evidence.In the procedure of exclusion of illegal obtained evidence,the justice depends on the entire video-recording evidence,which becomes a tool to prevent withdrawing a confession.And the role of entire video recording is unclear and the justice don’t examine obligation to what answer.And some lawyers don’t play their part in it.In the fifth charter,it discusses how to complete the institution of entire video-recording.From itself,it need to give the equal inspection right of the entire video-recording,and build the institution of countersign.It need to maintain appropriate flexibility and persist its recording all process in interrogation.And it need to build the institution of separation of investigation and custody and separation of interrogation and record.From outside,it need to build the institution to safeguard neutrality of the judge and alternative lawyer-on-site system.