Interrogation Recording Video Program Regulation Research

It has been more than seven years since the system of interrogation audio and video recording was formally established by the criminal procedure law in 2012.It is regrettable that the law does not specify the specific enforcement rules for the system of interrogation sound recording and video recording.The ministry of public security and the supreme people's procuratorate,as investigation organs,issued various detailed rules to clarify the specific implementation of the system.However,due to the generality of legal provisions and the diversity of practical operations,the function attributes and practical benefits of the system have always been a hot research topic in the academic and practical circles.In 2016 the supreme people's court,the supreme people's procuratorate,ministry of public security jointly issued "on the reform of trial centered criminal lawsuit system of opinions"(hereinafter referred to as "opinions"),the "opinions" article 5 points out that the investigation department shall strictly in accordance with the law the whole process of interrogation synchronized video recording,gradually implement the whole process of all cases of interrogation synchronized video recording.Promulgated the "opinions" means that our country is on criminal interrogation sound recording or video recording for the whole journey,the move will once again interrogation of sound recording or video recording system on the academic and practice to explore "the forefront"-how to define the function ofthe interrogation of a sound recording or video recording system attributes and their specific program was carried out to meet the needs of the practice of case.The author thinks that in order to clarify the function of interrogation recording and video system and improve its operating procedures,it is necessary to admit that China's interrogation recording and video system should be transformed from "power-oriented" to "rights-oriented".Based on the "right leading" as the theoretical basis of interrogation of a sound recording or video recording system,on the basis of combining the historical evolution of the interrogation of a sound recording or video recording system in China and many of the difficulties encountered in its operation,analyzes the reasons for the formation of its predicament,draw lessons from the areas outside of regulation experience,is the effective implementation of the interrogation of a sound recording or video recording system in China put forward some thinking.This paper is divided into an introduction and five parts of the body,the body is divided into four chapters.Introduction part briefly points out the benefits of interrogation of a sound recording or video recording system,mainly introduces our country academic circles about the general situation of the research findings and the interrogation of a sound recording or video recording system,closely around interrogation encounters the bottleneck of sound recording or video recording system operation properties and its function positioning study,and has carried on the review and summarize the related literature,this for the follow-up of this article provides a rich research material.The first chapter expounds the connotation of interrogation recording and video recording system and the necessity of perfecting the system.Interrogation of the establishment of sound recording or video recording system in our country in 2012 of the criminal procedure law is modified to watershed,before 2012 are two investigation department of the ministry of public security and the people's procuratorate to explore,established by legislation in 2012,after more departments involved in the interrogation of a sound recording or video recording system of concrete practice,such as 2016,the supreme people's court,the supreme people's procuratorate,ministry of public security jointly issued the "opinions",the "opinions" article 5 points out that the investigation department shall strictly in accordance with the law the whole process of interrogation synchronized video recording,gradually implement the whole process of all cases of interrogation synchronized video recording.Interrogation of sound recording or video recording system as the detailed rules for the more mature and concrete,the system embodies the human rights safeguard and the equity of the concept of the prosecuting and defending parties are also deepening and concrete,but it does not cover the system predicament existing in the actual operation in our country,regulating interrogation of a sound recording or video recording system is inevitable and desirable.The second chapter probes into the realistic dilemma and the causes of the dilemma in the operation of the system of interrogation sound recording and video recording in China.Due to the multiple functions of the system,the operation of the system is faced with "human interference" and "congenital deficiency".Human disturbance mainly refers to the investigators did not abide by the guidance of the spirit of the law and to run the system,detailed rules and regulations,such as the specific cases selectively recorded when the defendant interrogation or stop recording at random,cause the interrogation of a sound recording or video recording system to standardize the behavior of interrogation did not achieve its purpose,even as investigators illegal interrogation asylum;The dominant position of investigators in the whole system of interrogation audio and video recording naturally oppress and limit the exercise of the rights of the defense.Whether the interrogation audio and video recording is transferred with the case or whether the defense is allowed to consult is decided by the investigators and the public prosecutor,and the defense can only enjoy the right of claim.Recording and storage of recording materials are the technical difficulties of the system,such as unclear recording materials and easy damage of storage materials.Insufficient natural mainly for interrogation of a sound recording or video recording function orientation,general legal regulations and system running the lack of a neutral third party supervision,the illegal cost is too low,lead to choose more investigators in practice the interrogation of a sound recording or video recording as internal information is not transferred together with the case,buteven in the court when asked to provide refuse to submit data has been damaged;Or when there is a difference between the contents recorded in the recording and video of interrogation and the written record of interrogation,the court does not have a unified standard of choice.The above dilemma leads to a big difference in the application of the recording and video of interrogation in specific cases.The third chapter studies the foreign interrogation recording and video system,in order to learn from its effective regulation,and help the interrogation recording and video system to develop better in China.It mainly studies the English and French law system,the United States and the continental law system of France and China's Taiwan region.Britain and the United States is the earlier set up a country of interrogation of a sound recording or video recording system,in Britain,the United States,the interrogation of a sound recording or video recording can be directly as litigation evidence,criminal suspects confession and defense,the recognition of interrogation record video evidence attribute can be reversed transmission recorded strict recording and trial phase of the defendants' right to know,the access rights safeguard;In both the Anglo-American law system and the continental law system,the defense party enjoys certain procedural participation rights and options in the whole system operation.The granting of the above rights is conducive to realizing the balance between the prosecution and the defense in the investigation stage and ensuring the voluntarization and authenticity of the statements obtained by the interrogated person in the interrogation audio and video.Effective supervision of the neutral third party for the system operation is the interrogation of a sound recording or video recording system running another big advantage,such as arrest time is short and detain suspects by the agencies or individuals under the investigation organ responsible for,the police interrogation activities under strict custody officer supervision and other supporting measures to ensure that interrogation of sound recording or video recording operation is not affected by investigators wanton interference,ensure effectively operation procedures.The fourth chapter puts forward some thoughts on regulating the recording and video recording system of interrogation in China.Taking China's actual nationalconditions as the starting point and absorbing feasible experience from abroad,this paper regulates China's interrogation audio and video recording system from the perspectives of clarifying the functional positioning of interrogation audio and video,perfecting the supporting measures applicable to the system,and establishing accountability system.First of all,the evidence attribute function of interrogation audio and video recording should be clarified.According to the different objects of proof,it can be divided into confession and defense of criminal suspects,audio-visual materials and witness testimony.The unification of the right to consult and copy can substantially improve the effective defense of the defense;Secondly,the defense is endowed with certain procedural options,such as the procedural options of the defense in the case of arbitrary interrogation recording and video recording and the obligation of the investigators to inform during the initiation stage of interrogation recording and video recording,so as to balance the prosecution and defense through a series of rights protection.The establishment of relevant supporting measures is an indispensable part of improving the system in our country.The place and time of pretrial custody should be strictly controlled,the separation of custody and investigation should be carried out,and the investigation behavior of investigators should be standardized with the help of a neutral third party.Insist on the separation of recording and trial,innovate the technology,simplify the content transferred with the case from the whole interrogation recording and video linear procedure regulation,to ensure the effectiveness of each procedure;To make up for the ambiguity and uncertainty of the current sanction measures,and to force the correct performance of the obligation by responsibility;Coercive interrogation rules of sound recording or video recording is from trial run of reversed transmission the interrogation of a sound recording or video recording system,the legal rules and the criminal suspect and interrogation record video case,the prosecution should be submitted to the court a complete version of the interrogation of a sound recording or video recording,if the prosecution did not provide or provide the version of the incomplete,the court shall be presumed interrogation process exists to torture and other illegal methods to collect criminal suspects confession,the interrogation of confession is not adopted,the rulesof the auxiliary interrogation of a sound recording or video recording system to fully reflects its value and the actual effect.