The Procuratorate Interrogated The Research On The Simultaneous Recording And Recording Of Suspected Duty Suspects

Interrogation by synchronous recording system, began in the eighties of the twentieth century in Britain, and after nearly 40 years of development and improvement, synchronous recording system has been widely used in investigative interrogation, inquiry process.In 2006, the Supreme People's Procuratorate decided within the procuratorial organs to fully implement the process of interrogation synchronized audio and video recording;In 2010, two ministries jointly issued two evidence rules, making the application of synchronized audio and video more widely; In 2012,the newly revised "Code of Criminal Procedure" improve the absorption and the results of the reform synchronous recording of the audio and video synchronization system and formally confirmed it legal;and it has made many achievement, but there are still many problems.This paper mainly have a perspective on synchronous recording and video system, in the investigation of the investigation and interrogation of the duty crime to implement this system and the judicial practice of the major role of the corresponding results achieved at the same time, it focuses on summarizing and analyzing the problems of this system, and then put forward a sound program.This part falls into four part, about 2.7 words.The first part has a review of the interrogation of duty suspects of the audio and video recording synchronization system Prosecutors interrogate suspects duties overview video synchronization. This paper introduces the concept of synchronous recording, the origin of the recording and recording system in our country and the legal nature of the process and the positive results obtained. It mainly tells that the necessity of implementing synchronous recording and video recording system in our country. And from 1999 our country has been synchronited audio and video recording of the introduction of the investigation and interrogation so far.Efforts made in theory and practice to explore. This article introduces several controversial issues about the legal nature of the video recordings, and demonstrates the disadvantage and the advantage of each point of view, which is a proof of the essence of litigation evidence. At the same time, it introduces the reform in the past ten years, and synchronized video recordings have made some positive results in all aspects.The second part discusses extraterritorial provisions of the interrogation of duty suspects of the audio and video recording synchronization system. It introduces some of the provisions of the United Kingdom, the United States, Taiwan of China and Hong Kong of China post on interrogation of suspects and the consequent revelation. As the birthplace of the interrogation of duty suspects implementing synchronous recording system, Britain has gone a process from resisting and positively implementing and gaining strong supports after decades of efforts.;In the United States, interrogation of duty suspects of the audio and video recording synchronization system has different regulations in different states and areas, and legislation and the federal court did not make clear requirements to synchronize audio and video recording system, but most of the local state courts have implemented this system, with the exception of very few. In addition, Hong Kong SAR and Taiwan, have done a more detailed provisions about the system. Regulations in these countries and regions have shown vitality and growth prospects of this system. We can learn form these practices and lessonsThe third part introduces the practical difficulties of this system.The main problems are: the scope of the main body of has defects, needing to be adjusted;Lacking technical personnel and necessary material support;The behaviors of investigators are not standard, and there is a gap between the practice operation and the legal standard of the synchronous recording;the ability of part of investigators to control the investigation is not enough; Lacking operation rules and mechanism of the relevant evidence during the trial stage; Lacking of monitoring mechanisms, and follow-up work hasn't been done enough. These existing problems are hindering the reform process of synchronized audio and video recordings.The fourth part introduces the suggestion of the procuratorial organ in our country to the synchronous recording and video recording of the suspect. Firstly, improve the applicable body and expand the scope. Secondly, be sure of technical manpower reserve, strengthen recording facilities; Thirdly, standardize the behavior of the investigation, and gradually narrow the gap between the regulatory requirements of the law and practical operations. Fourthly, eliminate the psychological barriers of interrogators. Fifthly, improve the trial stage of the operation of the relevant rules and regulations. And last but not the least, carry out the supervision, custody and confidentiality.