The Study On The Whole-Course Video-Recording System Of Interrogation

As a limitation of the abuse of the power of detection, video-recording is widely used in the whole procedure of detection now. Its primary aim is to regulate the execution of law, prevent inquisition from torture, fix the evidence effectively, reduce the withdrawing of confession, ensure judicial justice and protect the right of criminal suspects furthest. So it is important and significant in practice. As we set eyes on the necessity of the video-recording in the interrogation, we couldn't ignore the confliction between the implementation of video-recording in the interrogation and the purpose of the detection. In this paper, by comparing it with some related foreign laws, I criticize and rethink the current system of the synchronous video-recording in the interrogation in China. On this basis, I define the range of video-recording in the interrogation in detection.The whole course video-recording in the interrogation should be applied firstly in cases of public security and accumulate experiences. Then we can extend it to the criminal procedure. We can adopt alternative system of the rule of the lawyer on hand and the video-recording in detection. And at the same time, we can entitle the detectives the power of choice, and qualify the parties the right of refusing the use of video-recording, thus we can balance the power of the related parties. We should set up the rule of the exclusion of illegal evidences. Video-recording in the interrogation should not only cover the policemen inquisition partly after the case filed, but should contain the whole procedure. And by the principle of economical lawsuit, the technical criterion of the video-recording in the interrogation should not be too high.Although the implementation of video-recording in detection brings some temporary obstacles to the work of detective organs, we have to accept this system to content the requirement of procedural justice. And we can drive the reform system of Chinese detection and promote the level of civilization of criminal litigation.