An Empirical Study Of Interrogation Sound Recording And Video Recording From The Perspective Of Judges

Interrogation of sound recording or video recording system in judicial practice in China for many years already?Published in 2005,the supreme people's procuratorate,the people's procuratorate interrogation of duty crime suspects a synchronized video recording all the regulations(try out)"(hereinafter referred to as the" procuratorial sets "),The official start of the trial interrogation of a sound recording or video recording system in our country?The revised 2012 points for the first time will be written into the interrogation of a sound recording or video recording system of law?In October 2013,the supreme people's court " about establishing and perfecting the guard's opinions on the working mechanism of criminal justice and how to apply questioning in court in judicial trial recording to exclude the defendant confession more specific provision situation ? Fundamentally,to the whole process of interrogation of criminal suspects synchronized video recording can be avoid in large programs,prevent and reduce the illegal evidence behavior such as torture,to give full play to the function of the illegal evidence elimination rule and guide the court conviction sentencing correctly is of great significance?But points in our country hasn't the interrogation of a sound recording or video recording of the attributes of the evidence is clear,academia to the interrogation of a sound recording or video recording is evidence,what kind of different forms of evidence to the debate?In judicial practice,because of different production method,and the influence of various complex factors,the interrogation of a sound recording or video recording and often interrogation there are inconsistencies in the content,form,it has become a big problem to judge the referee ? Because our country current law lacks specific operability,interrogation of sound recording or video recording function in actual court judgment also is not fully effective use,when both appear inconsistent in the content,the court's examination standards confusion,referees have different scales?Interrogation of sound recording or video recording system becomes a seems to be "fause" system,is not fully play its due to curb illegal evidence collection behavior,safeguard legitimate rights and interests of criminal suspects and promote the function of the legalization of criminal investigation.This article from the perspective of court review for interrogation sound recording or video recording in court review for the problems existing in the process,through the analysis of the relationship of interrogation of a sound recording or video recording and interrogation and properties research evidence about the interrogation of a sound recording or video recording at home and abroad,put forward from the Angle of the judge advice on how to improve the system of interrogation of a sound recording or video recording.The first part of this article mainly through to the C city court since the interrogation of a sound recording or video recording system in the trial practice of interrogation recording situation research,and summarized the interrogation of a sound recording or video recording system on the problems existing in the concrete implementation process.In this paper,the second part is mainly to the interrogation of a sound recording or video recording in an analysis of the causes of various problems in the judicial practice,points out that the interrogation of a sound recording or video recording system in our country evidence attribute is unknown,with the case transferred system is imperfect,the law problems such as lack of operability.The third part through the comparison analysis method,this paper studies the domestic and foreign academic circles over whether interrogation of a sound recording or video recording is evidence,belong to what evidence of the theory,in order to provide reference for the interrogation of a sound recording or video recording system construction of our country and draw lessons from.In this paper,the fourth part proposed from five aspects the author Suggestions to improve the interrogation of a sound recording or video recording system in China,and put forward from the Angle of the court review the interrogation of a sound recording or video recording of interrogation of a sound recording or video recording and interrogation consistency standards,as well as the two appeared substantial inconsistent court review the standard advice,in order to the interrogation of a sound recording or video recording system in China can be more perfect,to better achieve the curb torture,safeguard legitimate rights and interests of the criminal suspect or the defendant,standardize investigation,fully protect human rights system function.