A Research On Investigation Videotape's Legality And Credibility

In order to effectively curb the occurrence of extorting a confession by torture,and to standardize the interrogation activities of investigators,China has learned from the procedural system and the public security system on the basis of the relatively mature recording and video recording system of western developed countries.In the criminal procedure law officially implemented in 2013 after the revision,the system of simultaneous recording and video recording was explicitly included.Since then,the public security,procuratorial and other organs have had a legal basis for recording and recording.The formal implementation of the system has played a huge role in safeguarding the human rights of criminal suspects and curbing the confessions of criminals by investigators.However,since the whole process of interrogation and video recording has not been implemented in China for a long time,the theoretical circles have not unified the viewpoints on the evidence positioning of audio and video recordings.The provisions of the Criminal Procedure Law are also more principled and lack of maneuverability,which makes the standards for the implementation of the system all over the country not completely unified,resulting in the legality of the audio and video recordings of some cases is not strong,the proof is insufficient,which is quite The full impact on the role of the recording and recording system is a waste of spending a lot of manpower,material resources and financial resources for simultaneous recording and recording.Therefore,this paper cuts in from the perspective of the legitimacy and probative force of audio and video evidence,and elaborates on the legality of the audio and video recording standards,the exclusion rules and their corresponding proofs,in order to provide a useful reference for the improvement of the recording and recording system in theory.This article is divided into four chapters.The first chapter introduces the research status of the audio and video recording system,and focuses on the analysis of its evidence attributes.The second chapter focuses on the legality of audio and video recordings,detailing the exclusion of illegal evidence and limited evidence.The problems in recording and other recordings and how to choose;the third chapter focuses on the proof of recording and recording,focusing on the analysis of the criteria for the exclusion of interrogation transcripts when the recordings and interrogation of criminal suspects are substantially different;It affects the legitimacy and proof of the evidence of audio and video,and proposes perfect measures in a targeted manner.