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Research On The Ability Of Evidence And The Application Of The System In The Investigation And Interrogation Of Audio-visual Recording

Posted on:2020-06-28Degree:MasterType:Thesis
Country:ChinaCandidate:J Y ChenFull Text:PDF
GTID:2416330623453940Subject:Public Security Law
Abstract/Summary:PDF Full Text Request
Investigative interrogation refers to a kind of investigative behavior in which the criminal suspect is interrogated for the purpose of obtaining confession and excuse of the criminal suspect in the process of investigation.As a system of restraining torture and standardizing the process of investigation and interrogation,audio and video recordings have been gradually recognized by the academic and practical circles,and have made considerable achievements to a certain extent.At the same time,audio and video recordings have been further used as evidence by default in the practice circle.They are not only used in the form to prove the legitimacy of interrogation procedures,but also can directly prove the facts of the case through the fixed content of audio and video recordings.However,the progress in the past is only at the level of institutional construction,as to how much attention can be paid to the improvement of its ability and practice is yet to be further explored.This article mainly divides into four parts.The first part is introduction.This paper mainly introduces the significance and background of choosing this topic,the research status of audio and video recording system at home and abroad,the content and unique research methods of this paper.The second part discusses the evidentiary ability of interrogating audio-visual materials,focusing on the various opinions of foreign countries on the evidentiary ability of synchronous audio-visual recording and the discussion of domestic academic circles in this respect.Finally,the exclusionary principle applicable to the evidentiary ability is discussed in depth,and the admissibility principle under specific circumstances and the non-conformity in the case of objection are analyzed.The view that legal requirements should be absolutely excluded.The third part discusses the problems existing in recording audio-visual materials as evidence,focusing on the imperfect legal provisions,non-standard recording procedures,inadequate judicial review and inadequate audio-visual equipment.The fourth part is the suggestions to enhance the applicability of the audio-visual recording of investigation and interrogation as evidence.The main contents include clarification of legal provisions,improvement of audio-visual operation norms to ensure the validity of evidence,establishment of perfect restriction and supervision mechanism,and improvement of hardware safeguard facilities.
Keywords/Search Tags:Investigation and interrogation, Audio and video recording, Evidence ability
PDF Full Text Request
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