Research On Investigation And Interrogation System With Synchronized Audio-video Recording

The implementation of the investigation and interrogation system with synchronized audio-video recording is a huge process in adapting to the legal construction, the judicial reforms and the execution of justice, which are important parts of building a society ruled by law in our country. Its positive influences on perfecting the legal supervision and the realization of fairness and justice are self-evident. However, such process is still uncompleted, as well as causing new practical problems,hence it will be necessary that we,from a new perspective,contemplate this subject, analyze the causes of problems,and propose solutions according to the experience of our own and of others, so that the value of this recording system can be fully realized.This essay begins with the history of development of the system, introduces the academic explorations and the practices of law enforcement agencies, and then affirms its value in various aspects such as the protection of human rights,moderate transparency of investigation,supervision of power and judicial efficiency,as well as in containing inquisition by torture and preventing confession retractions and calumnia.By focusing on corresponding development and features of cases like Britain and the United States, this essay extracts their system building experience that fits our own reality. What our country can learn from them includes independent system for detention police officers, policy adjustments according to local conditions, and granting procedural option rights of suspects.This essay also focuses on analyzing the institutional and practical problems of our existing law system, and suggests possible solutions accordingly. The problems consist of the narrow range of application, lack of regulation on selectivity, selective recording, deprived rights of the suspect, incomplete supervision mechanism and so on. Following is the analysis of problems above and private opinions of the author,which include the possibility of expanding the application range, giving option rights to the suspect, strengthening the rights protection of the suspect, improving the mechanism of both internal and external supervision, specifically put as clarifying the subject and manner of supervision, and strengthening the supervision over the people's supervisor and judicial agencies.Finally,the essay discusses the following main problems of the Evidence Law in terms of the materials obtained under audio and video recording system: evidence capability, types of evidence and validity of defective materials. In the field of evidence property, this essay affirms the capability of the materials of this system,specifies at this stage the genre of evidence,and considers possible new genres that would appear when the occasion is ripe. When it comes to defective materials, the validities are determined corresponding to different situations, setting clear criteria for actual practice.