Research On The Application Of Audio-video Recording System In The Process Of Investigation And Interrogation

The origin of the investigation and interrogation Audio-video Recording System was the United Kingdom.In the 1880 s,the United Kingdom had already established the system in the form of legislation through interrogation of audio and video recordings.The system was introduced to China until 2005,when the Supreme People's Procuratorate issued a document requiring full recording and recording of duty crimes.According to the provisions of the document,the case of duty crimes must fully implement the provisions of the entire process of recording and recording within two years.Later,the Supreme People's Procuratorate,in conjunction with the Ministry of Justice,the Ministry of Public Security,and the Supreme People's Court issued an opinion to expand the scope of application of the Audio-Video Recording System,and included cases where the death penalty may be included in the scope of application of the system.Since the establishment of theinvestigation and interrogation Audio-Vidio Recording System,it has played a very important role in safeguarding human rights and regulating the interrogation behavior of investigation agencies.However,in the actual judicial application,the investigation and interrogation system did not meet the standards when the system was established.The main reason is that the audio and video recording system is a double-edged sword as a system that uses high-tech means to minimize the content of dialogue and the physical environment of the trial and the behavior and state of the interrogating and receiving parties..When used properly,the system is a solid backing for safeguarding human rights,supervising investigative powers,and eliminating illegal evidence;improper use is highly likely to become a powerful weapon for investigating organs to maintain investigative power.Judging from the current judicial practice in China,the system is still in a period of transition from improper use to proper use.Legislation and theoretical starting points and ideas are based on safeguarding human rights and supervising investigative powers.However,there are still some restrictions in practice.The factors that apply correctly to the system exist.For example,the staff of the judiciary has a misunderstanding of the recording and recording system.Most of them use audio and video recordings to protect themselves from allegations of confessions by torture.In other words,in the function orientation of the system,it is not from the perspective of supervision and investigation,but from the perspective of maintaining the right to investigate.At the same time,there are certain defects in the specific links of the system: for example,the lawyers have set very strict conditions for reviewing and copying audio and video materials,and lawyers can not easily obtain the audio and video materials;according to the provisions of the law,the recording is required However,due to the high requirements of manpower and material resources in the whole process of recording and recording,many of them are selective audio and video recordings in practice,and how to treat the audio and video materials that do not meet the requirements of the whole process,and how to treat them in the whole process.There is no corresponding sanctions for the behavior of the whole recording,and the law is not clear;in addition,how the content of the recording and video recording is inconsistent with the contents of the transcript,and under what circumstances the prosecution needs to use the audio and video materials to prove the facts of the case.What kind of procedures are required for the prosecution to use the audio and video materials to prove the facts of the case,etc.These details are not clear in the application.Usually,the functional orientation of an institution is the guidance and guarantee for the correct implementation of the system.The functional orientation determines the direction and purpose of a system.For the recording and recording system,its functional positioning is also a powerful guarantee for guiding the correct implementation of the system.Therefore,based on the functional orientation of the recording and recording system,based on the reasonable definition of the function and legal attributes of the system,the functional positioning is used as a reference to analyze the problems existing in the application of the system,so as to solve these problems.Program.First of all,the recording and recording system should focus on the supervision of investigative power in terms of functional positioning,and secondly,protect the interrogators from unwarranted allegations,and should not ignore the legal attributes of the audio-visual materials themselves as evidence materials.Therefore,since the audio and video material has the nature of evidence,the conditions and requirements for the lawyer's application for marking should be consistent with other case materials.At the same time,since the investigative organ itself is the producer of the audio and video material,there should be clear standards for the procedures and requirements for recording,and sanctions for violating the recording requirements should also be specified.In addition to being the producer of audio and video recordings,the investigative agency is also the storage party for audio and video recordings.Based on this,the conditions and procedures for submitting audio and video materials should be regulated by the investigating authorities,thereby expanding the use of audio and video materials and promoting the full implementation of the audio and video recording system.