| In recent years, torture to extract confessions and other illegal interrogationbehavior still exist despite repeated prohibitions; withdraw or change a confessionalso appear constantly; ensuring judicial justice and protecting human rights havebecome unusually difficult. The emergence of the unabridged video recording systemcan solve this problem. The unabridged video recording system recorded the wholeprocess of interrogation synchronously, can reflect the interrogation scene at the timeobjectively and accurately, therefore safeguard judicial justice and protect humanrights to the greatest extent.Audio and video system originated in the United kingdom. It has not beendiscussed in our country until the end of twentieth Century. After then the unabridgedvideo recording system has a continuous development in our country.In2005Supreme Procuratorate promulgated the "Rules on the implementation of unabridgedand synchronous video recording system to the people’s Procuratorate interrogation ofduty related crime suspect(Trial)",which for the first time stipulated the synchronousaudio and video recording system with complete specification. The procuratorialorgans gradually applied the unabridged video recording system. As in2012China’s"Criminal Procedure Law" article121st provided, when investigators interrogate acriminal suspect, they may carry out the sound recording or video recording of theinterrogation process; for cases that may be sentenced to life imprisonment, or thedeath penalty or other serious crimes, sound recording or video recording ofinterrogation process should be carried out. Audio or video recordings shall be full,maintain integrity. Since then the unabridged video recording system formally enteredthe Chinese legal system.The law does not make clear the nature of the unabridgedvideo recording data as evidence.The theory circle formed about four kinds oftheories, respectively, audio-visual materials, the suspect’s argument on confession,the double property, synthesis. This paper argues that the unabridged video recordingdata should belong to the synthesis. The unabridged video recording data proves different kinds of facts in different cases. In cases that the criminal suspects withdrawor change a confession, the data is verbal evidence, and can be seen as a argument ofthe statement of the criminal suspect; in proof of procedure legitimacy, the dataobjectively reflect the interrogation situation, can be seen as audiovisual materials. Sothe unabridged video recording data cannot be simply categorized as a form ofevidence, but be determined according to its content.Although the unabridged video recording system has been in development fordecades in our country, in practice there are some problems existing. First of all,intermittent recording, or recording after interrogation occur instead of unabridgedand synchronous recording. Secondly, the unabridged video recording data is notconsistent with the transcripts of interrogation, with a difference beyond reasonablescope. Once again, the human rights of criminal suspects cannot be effectivelysafeguarded, for example there are no corresponding regulations on criminal suspect’sright to choose, defense party’s right to decide video playing and right of video usage,right of supervision in recording process. Finally, provisions on procedures of videorecording and personnel allocation and so on are not detailed enough, fail to achievethe efficiency and convenience as expected.In response to problems mentioned above, this paper puts forward some feasiblesolution. First of all, ensure that the record must be synchronized in the whole process;make clear the beginning and the ending time;bring forward solving strategies forproblems that may occur in video recording. Secondly, protect the rights of criminalsuspects, such as the right to choose, right to sign to confirm; give the defensepartyright to decide video playing and right of video usage to certain extent. Thirdly,make application rules of the unabridged video recording data and transcription ofinterrogation, e.t. when touse video record, when to use interrogation transcription;establish supervision system in the process of recording; interrogation should betaken in a particular place under the supervision of relevant personnel. And state outliabilities for breach of the relevant provisions of the system. Clear provisions of thecorresponding legal consequences will form a psychological deterrent to relevantpersonnel so that they will be serious with their duties, process the interrogation better.Finally, technology is a necessary condition for the development of the unabridged video recording system. Only the technical problems be solved can the developmentof the system be promoted. The case handling personnel are the executors of justice,to improve their interrogation capability is crucial to better implement the unabridgedvideo recording system, furthermore to promote the judicial process. |
