On Criminal Procedure System For Audio And Video Recording

The phenomenon of torture has a long history.In recent years,with frequent media exposure of cases of torture,the more people feel to be getting worse torture.Its existence is not only a serious violation of the legitimate rights of criminal suspects but also prevent the Code of Criminal Procedure of the fairness and efficiency and destruct of the normal judicial process.How to eliminate the ills,the world had continued to explore.The UK system of audio and video recording is a very successful system,making a very good practical effects.In the fully learning the advanced experience of foreign countries,based on the 2005 Supreme People's Procuratorate issued the "People's Procuratorate of questioning the suspect positions full implementation of the provisions of sync audio and video recording Trial"judicial documents,so far,it has issued three files on the Interrogation audio and video.This major initiative opens a door of curbing torture in China and realizses the door legal civilization.As an interrogation system,the original of audio and video recording prevent the establishment,acts of torture and other illegal taking.But whether we can achieve this mind,does not appear to give a very positive answer.This article attempts to synchronize audio and video recording system reasonable,elaborates foreign experience.With some of the current judicial status to target measures to improve the synchronization of audio and video system,expecting better realizing their own value.This article has three parts of the introduction,body and conclusion.The body is divided into four chapters.Chapter I the source of audio and video recording system.Mainly from the prevention torture is the root causes of the audio and video recording system.Audio and video recording system on the analysis and the necessity to curb torture of three aspects of feasibility analysis.Chapterâ…¡the comparison of audio and video recording system.First part introduces national legislation on the provisions of audio and video system, including the UK,U.S.A.,Australia and Taiwan,China.Second part analyzes the revelation of audio and video recording system mainly in seven areas.Firstly, the audio and video recording system designed to standardize and restrain the police interrogation behavior.Secondly,the implementation of the system,investigators must obtain the support and cooperation.Thirdly,the defense should be fully protected audio and video programs on the right to participate.Fourthly,the form of legislation to establish the audio and video recording system.Fifthly,the scope of audio and video recording system is limited felony or violent crime.Sixthly, respectively, audio and video can be applied.Seventhly,attent the audio and video recording system as procedural fairness.Chapter III status and problems of audio and video recording system.Firstly,the audio and video recording system introduces legislation and the current implementation.Secondly,analies the current problems in audio and video systems, mainly for the narrow scope of application,can not guarantee the entire process of audio and video recording in court the problem of the showing video document and distorion because of the subject lacking neutrality.Chapter IV the perfection audio and video recording system.Firstly,in the investigation and interrogation stage expand the scope of audio and video recording system,redefining the "full",re-set the detention place of management,standard save of audio and video data.Secondly,in the courts to trial,standard the showing of audio and video data.The establishment of violation of the rules of audio and video recording and give the right to petition.