Trial Application Of Audio And Video Recording Of Investigation And Interrogation

Audio and video recording of interrogation is not only an important achievement of the judicial reform in China,but also one of the concrete embodiment of the concept of human rights protection in criminal proceedings.However,the audio and video recording system of investigation and interrogation in our country is far from advanced in the world because of its late start.In judicial practice,there has also been confusions because of the defects of the system.Although the research on audio and video recording system for investigative interrogation has been deepened in the academic circles,it is relatively rare in the specific application of it.To a certain degree,this has led to many problems in the practice of the system.These problems hinder the implementation of the system and are not conductive to judicial progress.From the perspective of court trial application,this paper discusses the problems existing in the practice of the audio and video recording system of investigation and interrogation in China,and puts forward some suggestions to perfect the system.This paper is divided into five parts.The first part briefly introduces the establishment of the audio and video recording system of investigation and interrogation,and defines the concept and characteristics of the audio and video recording of investigative interrogation.The second part discusses the evidential attributes of audio and video recordings of investigation and interrogation,and on this basis analyzes the different impacts of different perspectives on court trials.The third part makes an interpretation of the relevant legal laws and regulations used in the trial application of audio and video recording of investigation and interrogation,then analyzes the overall predicament faced by it according to the legislative status in China.The fourth part mainly uses the methods of field survey,collecting and analyzing network data,then tries to show the judicial practice in various stages of the court trial from the most intuitive angle,and analyzes the specific problems one by one.The fifth part puts forward a series of suggestions for the problems in the current situation of the trial application of audio and video recording of investigative interrogation in our country.Including strengthening the defense's right to participate in the procedures of it,making standard legal remedies for violations of the recording rules.