Research On Recording And Video Recording System Of Investigation Interrogation

In the judicial practice of our country,all kinds of unjust,false and wrong cases caused by illegal interrogation such as extorting confession by torture are numerous.As the most problematic investigative interrogation link in criminal proceedings,how to effectively supervise the investigative interrogation process and avoid the occurrence of illegal interrogation has become the focus of attention in the improvement of criminal proceedings.The audio and video recording system of investigation interrogation plays an important role in supervising the conduct of investigation interrogation and safeguarding the rights and interests of criminal suspects.First introduced in the judicial practice in our country from 1987 investigation interrogation of sound recording or video recording system,by the year2012 for the first time in the form of law will be written to the system in the criminal procedure law,and in 2018 the new "criminal procedural law" to further perfecting system,it is not only a huge progress of our criminal procedure legislation,also is our country's major achievements in the field of human rights guarantee for.However,from the perspective of China's judicial practice,due to its late start and slow development,the system of investigative interrogation audio and video recording has some problems in legislation and practice.From the perspective of legislation,first of all,with the progress of science and technology and the deepening of judicial reform,as well as the unprecedented increase of China's attention to the protection of human rights,the application scope and stage of the system of investigative interrogation audio and video stipulated in previous legislation are far from meeting the needs of current judicial practice.Secondly,as the audio and video materials that fully reflect the whole process of investigation and interrogation and are related to the case materials,the right to transfer and copy should be granted to defense lawyers,but it is full of obstacles due to the current legislative provisions and unreasonable judicial interpretation.Finally,as the important evidence to prove the legitimacy of investigation and interrogation and the material that should be transferred with the case,due to the defects of legislative provisions,it often happensin judicial practice that should be transferred but not transferred or transferred selectively,which deviates greatly from the original intention of system design.From the perspective of practice,there are a large number of non-standard recording behaviors in current judicial practice,such as violating the requirements of whole-process synchronous recording,recording incomplete response to interrogation information,recording content and written content inconsistency,etc.,which also cause problems and obstacles for the application and value of the investigation recording and video system.It is important to analyze the typical system development problems in legislation and practice,and discuss how to promote the original system function and positive value of the recording and video system of investigation and interrogation through reasonable optimization and improvement.Drawing on foreign advanced experience and combining with China's judicial practice,we should start with legislation and practice.In the aspect of legislation,we should enlarge the scope of application of the system and broaden the stage of application of the system so that the system of recording and video recording of investigation interrogation can play a bigger role in the broad judicial practice.In addition,defense lawyers are given the right to consult and copy,so as to enhance their understanding of the case and realize effective defense.By establishing the compulsory transfer system of audio and video materials with the case,and adding the evidence responsibility and personal punishment mechanism after breaking the law,we can ensure that the materials can be successfully delivered to the court and play its role in application.In terms of practice,through multi-channel and perfect the system of synchronization in the whole process of the practice operation rules and standards to ensure that record and the overall integrity of information,at the same time with a combination of duty lawyer system in China create present when on duty lawyer interrogation system,to ensure that recording under the premise of program specification in order to guarantee the development of the investigation of interrogation of a sound recording or video recording system and perfect the system of providing support.