The Study On The System Of Synchronous Audio-video Recording For The Whole Process Of Interrogation

After more than ten years of development,China’s system of synchronous audio-video recording for the whole process of interrogation has made significant progress both in the construction of legal system and the application of judicial practice.At the same time,from the feedback of the practical circle,the empirical study of academics and the study of related cases,the problem gradually highlighted in the process of running the system.The prominent and common problems include a fuzzy definition of "Whole Process" and that "Interrogation" leads to a chaos of judicial practice.The selective recording is a typical and common practice.The undefined evidentiary property of audio-video recording affects the effective exercise of the right to defend and the examination procedure of the court directly.The above problems are related to the function of the system closely,but the study of functional orientation is insufficient.The research on the function of the system has the premise and the basic meaning,it is not only related to the original intention and the developing path of the system construction,but also related to the specific design and operation of the system closely.Through the comprehensive analysis,the problems arising in judicial practice essentially reflects the judicial reality that the system is in a functional alienation.The functional orientation of the system has been alienated from the legislative purpose of "supervising the investigation power" to the judicial purpose of "safeguarding the investigation power’’.The main factor leading to the above results are the ambiguous purpose of legislation,a strong dominance by the Prosecution based on their own interests,the diverse needs of society for the system and that multiple functions are difficult to compatible at current stage.Based on the analysis of the system function,the function of the system that it ought to be is plural.The core point of this paper is that it is necessary to set the function of the system in a unidirectional "supervising the investigation power".Starting from the background of the criminal procedure reform,taking the nature of the investigation power into account,modes of criminal procedure of our country,and the national circumstances of a rampant torture,this functional orientation does not affect the effective functioning of other functions,but also more able to achieve a regulation of the investigation power and more conducive to the protection of the suspect,the defendant’s rights and interests.Specifically,this article altogether consists of three parts,introduction,text,conclusion.The text consists of three chapters.The first part is the introduction.Through a brief introduction to the present situation of judicial practice and the current academic research status,pointing out the reality that study of functional orientation is insufficient,the focus and characteristics of this study,and the urgency and necessity of theoretical response to the problem,which leads to the following.The first chapter is an empirical investigation of the operation conditions of the system,and put forward the core of this article on this basis.This chapter trying to show the real practice at the intuitive level mainly through three ways,including the analysis of judge documents,collecting the empirical study of academics and selecting typical cases.The results of the above empirical analysis show that judicial personnel have different understanding and operation of the system on many aspects.It can be described as chaotic.The essence of the above phenomenon is that the function of the system is unclear.Therefore,the starting point and the question consciousness of research are attributed to:What is the function orientation of our audio-video recording system?How can we maximize the value of the audio-video recording system?The second chapter is the focus and the main content of this article.The chapter expands the discussion in the angle of the function orientation of the audio-video recording system.First,the chapter introduces the theoretical research on the system function of academia,that is,the function of the system that it ought to be,including three major functions:confirming entity facts,supervising the investigation power,safeguarding the investigation power.Secondly,from the perspective of the legislative norms and the background of the legislative information,we can come to the conclusion that the purpose of setting up the system is "supervising the investigation power".Once more,either from the rate of illegal evidence exclusion,the widespread phenomena of selective recording and playing,the spillover phenomenon of torture,or the judicial purpose,we can come to the conclusion that the function of"safeguarding the investigation power" has replaced the legislative presupposition function of "supervising the investigation power" and play a leading role in judicial practice.Finally,the root cause of the alienation of the system function and core view of this article above-mentioned is not mentioned here.The third chapter is the elaboration of the specific design of the system under the functional orientation of "supervising the investigation power".The core of the chapter is the evidence attribute of the audio and video data.My paper argues that the audio and video data cannot be attributed to anyone of the eight types of evidence under the current evidence law system in our country.Based on the value of the audio and video data and the consideration of regulating the judicial operation,following the path of relative rationalism,my paper advocate that we can classify the audio and video data into audio-visual material evidence at the present stage under the premise of applying the different rules of evidence to it.When the Criminal Procedure Law is amended again,it is necessary to classify it independently.Moreover,the meaning of"Whole Process" and "Interrogation" should be extended under the functional orientation of "supervising the investigation power".Finally,to ensure the realization of the legislative presupposition function,my paper also put forward a theoretical construction about the related supporting system,including neutralizing the place of custody and expanding the function of the pretrial conference.In the conclusion,my paper further explains the importance of ensuring that the function of "supervising the investigation power" is dominant.Finally,I express the expectation about institutional development and theoretical research.