Research On The Procedure Of Video Surveillance Data Collection In Criminal Procedure

In the field of criminal litigation,with the establishment of the evidence status of audiovisual materials and electronic data in criminal litigation,coupled with the vigorous construction of civil surveillance,commercial surveillance,and public security monitoring systems,video surveillance has played a role in proving the facts of the case.The role is more difficult to be replaced by other traditional types of evidence.However,the research on the collection procedures related to video surveillance data is relatively lagging,and there is a phenomenon that "legislation lags behind practice,and theory lags behind practice".In judicial practice,there are countless cases where video surveillance data loses its eligibility for evidence due to irregular collection procedures.In the perspective of the Criminal Procedure Law,this article takes video surveillance data as the research object,based on the specific application in legislation and practice,and explores the improvement of the legal system in the collection process of video surveillance data as criminal evidence.There are three main aspects.First,compare the domestic and foreign legislation on the video surveillance data collection system.Second,analyze the existing problems of video surveillance data collection in my country.Third,put forward suggestions on the improvement of my country’s video surveillance data collection procedures.This article mainly discusses from the following four parts.In the first part,through the interpretation of the connotation of video surveillance data and the comparison with the concepts of audio-visual materials and electronic data,it clarifies how to classify them reasonably in the types of criminal evidence in our country,and lays the foundation for improving the collection procedures.In the second part,through case studies and data analysis,we discover the problems in the application of evidence,supervision and management,and the main body of evidence collection in my country.The third part examines the legislation and data collection system of extraterritorial video surveillance,and summarizes the legislation and practical experience that can be used for reference in our country.The fourth part puts forward suggestions for further improvement in three aspects: the basic principles,specific rules,and supervision and management mechanism of the collection procedure.