A Study On The Related Issues Of Audio-video Recording Of Interrogation

Whether at home or abroad,the miscarriage of justice has never disappeared.In order to eliminate the miscarriage of justice,experts and scholars from differnt countries have carried out relevant explorations.In this case,vidio and audio systerm appear.Because of its objective,record the interrogation process,and will not break two yuan confrontation and so on,audio and video recording system develope rapidly in various countries.In our country,recording the interrogation process in practice can be traced back to 1987,To the public security organs of the Ministry of Public Security issued in handling criminal cases prescribed procedures,fifty-seventh on the provisions set that "defendant interrogation of major cases,in written records.At the same time,can be recorded”.From then on,our country began to explore the audio and video system.Over the years,China's Ministry of public security,the Supreme People's Procuratorate have issued many relevant provisions of interrogation recording system.The increasingly high economic level providing financial support for the implementation of audio and video recording system.And the recording system in the development of our country become more and more perfect.In response to the rise of the sound recording system,in 2012,China's criminal procedure law 121 st is the provisions of the audio and video recording system.So far,the audio and video recording system in China has been formally established.But <China's Criminal Procedure Law> on the recording rules only have a few words in all.And only the provisions of the scope of the application of the system,and to maintain the integrity of the requirements of evidence attribute of the audio and video data.There are no detailed provisions of the attribute of audio and video statements,the confession obtained in violation,interrogation and confession when recording video data issues.The imperfection of the law retain the theoretical discussion space.Beginning from the introduction of our country,the theoretical circle about it never stopped,the discussion of this article is to the related question discussion,hope can be helpful to the perfection of vidio and audio system.This paper mainly discussed from four aspects,the first part is the interrogation of a vidio and aodio data evidence attribute of the analysis of the problem.Through the analysis,the author thinks that the recording video data belong to the evidence,but the evidence's qualified has to discussed in specific cases.The evidence type of recording data will be determined according to the objects proved.The second part is to analyze the treatment when the record of interrogation and the date of the interrogetion of vidio and radio are different.The author thinks that,when the material is not consistent,should first jugde the integrity,authenticity and legitimacy of the audio and video recording data.Then on the basis of other evidence,we can have a comprehensive review conclude about the evidence ability of interrogation.After that,we can compare the record of interrogation and the date of the interrogetion of vidio and radio.If they have substantial differences or no substantial differences,but investigators cannot of making up or make a reasonable explanation about the differentes,then we should rule out the relevant interrogation,pursue the corresponding interrogation of recording data.The third part mainly discuss the vidio and radio date's evidence ability when the rule of vidio and radio systerm are broken.I think we should deal it according different situations: When there is selective recording or record after first trial mandatory exclusion in non-mandatory recording cases,the confession should be rule out absolutely.For collection or recorded phenomena after interrogation,should apply presumption that point of view,and constructive review before recording or selective recording sound recording or video recording of data have no evidence ability,unless investigators can prove that in this kind of situation still has a voluntary confession,then the confession evidence ability.The fourth part mainly discuss the defendant confession when the use of the information on the interrogation of a sound recording or video recording.This part is mainly discuss interrogation of a sound recording or video recording for use in proving the interrogation procedure legitimacy.Pure theoretical analysis a bit thin,to prove the author's point of view,also in order to enrich the content of the paper,the author chose online in the written judgment classic case to illustrate the author's point of view.In addition,at the end of each part the author also put forward the perfect measures directed at the part of the problem,hope for the development of sound recording or video recording system aswill be perfect.